The High Court of Punjab & Haryana orders disbursal of salary and benefits to an employee disabled while she was enroute to the place of employment

The Petitioner joined as ETT Teacher on 11.09.2016 and was posted at Govt. Primary School Sodhi Nagar, Ferozepur, but unfortunately on 08.03.2017, she met with an accident while riding on an Activa on the way to school, having been hit by a car, on account of which FIR was registered. A certificate was issued by the Civil Hospital, Ferozepur, which confirms the 90% permanent disability. The District Education Officer (SS), Ferozepur, addressed a letter to the Director Education Department, Punjab, recommending the case of the petitioner for the release of salary on sympathetic grounds, however her salary was still withheld. The present petition was preferred to direct the respondents to pay salary and all other admissible benefits to the petitioner from the date she met with an accident resulting in permanent disability.The Court while relying on the case of Amit Kumar through his father Ram Kumar v State of Haryana & Ors. CWP 21761/2022, whereby the employee had received a severe head injury which resulted in coma and same was allowed, held that the employer has to be sensitive about the miseries of his employee, who unfortunately met with an accident. Keeping in view with the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995, any employee, who acquires disability during his service, should be shifted to another post with the same pay scale and the same service benefits. In case, it is not possible to shift the employee to any other post, then any supernumerary post should be created so that the employee concerned is able to get salary which the employee was getting prior to becoming disabled considering this the present writWP (C) – 2543/2025 (O & M) is disposed directing disbursal of salary and benefits.