Safiya Malik

The Punjab & Haryana High Court has directed the State of Punjab to release the salary and all admissible benefits to a government school teacher who was rendered permanently disabled due to a road accident while on her way to work. The court observed that despite clear legal provisions mandating financial protection for employees who acquire disabilities during service, the petitioner had been denied her salary since 2017. The court imposed a cost of ₹25,000 on the state for its failure to discharge its obligations and ordered that arrears be paid along with interest.

The petitioner, Narinder Kaur, was appointed as an Elementary Teacher Training (ETT) teacher on September 11, 2016, and was posted at Government Primary School, Sodhi Nagar, Ferozepur. On March 8, 2017, while traveling to school on a two-wheeler, she was hit by a car, resulting in severe injuries. An FIR (No. 42) was registered on April 4, 2017, at Police Station Kulgari, District Ferozepur, and the trial in the case remains pending.

The petitioner sustained 90% permanent disability, as certified by the Civil Hospital, Ferozepur, on January 22, 2019. Due to her condition, she was unable to resume duty and was placed on medical leave. However, she was not paid any salary since the date of the accident, leading her to file the present writ petition seeking financial relief.

The petitioner relied on Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which states that no government employee shall be removed from service or have their rank reduced due to acquiring a disability. The provision also mandates that if an employee becomes incapable of performing their original duties, they must either be transferred to a suitable post with the same pay scale or retained on a supernumerary post.

The petitioner submitted that despite these legal protections, she was left without financial support for several years. She further relied on a recommendation made by the District Education Officer (SS), Ferozepur, dated December 27, 2021, addressed to the Director of Education, Punjab. The report confirmed that her legs, arms, and hands were not in working condition, that she was bedridden, and that her family's financial condition was poor. The report recommended that her salary be released on compassionate grounds.

The petitioner also cited a previous decision of the High Court in Amit Kumar v. State of Haryana, where a Multi-Purpose Health Worker who had suffered a severe accident and remained in a coma was granted full salary and financial benefits. She argued that her case was identical and should be treated similarly.

The State of Punjab, in its response, contended that her salary was withheld because she had not cleared her probation period due to her absence following the accident. The state also argued that her case was under review by higher authorities, who were considering creating a supernumerary post to facilitate the release of her salary.

The High Court examined the facts and legal provisions governing service benefits for employees who acquire disabilities. The court recorded: "The employer has to be sensitive about the miseries of an employee who, unfortunately, met with an accident and is in a state of severe disability. In such a situation, the employee should not have been forced to approach this court for the release of her rightful salary."

The court rejected the state’s argument that the petitioner’s salary could not be released due to her probation status, stating: "Section 47 of the Act, 1995, categorically protects an employee from losing service benefits due to acquiring a disability. The provision clearly states that an employee shall either be retained in service or provided with an alternate post with equal benefits. The state’s failure to act in accordance with the law is unjustified."

The court also referred to its ruling in the Amit Kumar case, where a similarly situated employee was granted full salary despite being in a coma. The court observed: "Keeping in view Section 47 of the Act, an employee who acquires a disability during service is entitled to continue receiving salary and service benefits. If the employee is unable to work, the state must create a supernumerary post to ensure financial protection."

The court criticized the authorities for delaying the matter for years, stating: "The fact that the petitioner has been made to suffer without salary since 2017 is unacceptable. The delay in granting relief to a disabled employee is not only a violation of statutory provisions but also a failure of the state’s duty as a welfare employer."

Based on the findings, the Punjab & Haryana High Court issued the following directives:

1. Release of Salary and Benefits – The state was directed to pay the petitioner all arrears of salary from March 8, 2017, along with all admissible service benefits.

2. Interest on Arrears – The arrears shall carry interest at 6% per annum from January 1, 2021, until the date of actual payment.

3. Ongoing Salary Disbursement – The state was ordered to ensure that the petitioner’s salary is deposited in her bank account by the 7th of every month until she either attains the age of superannuation or remains eligible under service rules.

4. Creation of a Supernumerary Post – If required, the state must create a supernumerary post to enable the continued payment of the petitioner’s salary, in accordance with Section 47 of the Act.

5. Penalty for Unjustified Delay – The court imposed a cost of ₹25,000 on the state for the unwarranted delay in releasing the petitioner’s salary, directing that it be paid while complying with the judgment.

6. Compliance within Two Weeks – The state was given two weeks to implement the court’s directions and submit a compliance report.

7. Strict Consequences for Non-Compliance – The court warned that failure to comply within the stipulated time would invite contempt proceedings against responsible officers.

8. Additionally, considering the petitioner’s severe disability and bedridden condition, the court directed bank authorities to ensure that the salary credited to her account is made accessible to her family members for medical and caregiving expenses.

Case Title: Narinder Kaur v. State of Punjab & Ors.
Case Number: CWP-2543-2025
Bench: Justice Aman Chaudhary

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