Policy of extended service not for disabled staff sitting at home: HC

Saurabh Malik

Tribune News Service

Chandigarh, October 17

The High Court has made it clear that the Haryana Government’s policy of providing two years post-retirement service to an employee suffering from minimum disability of 70 per cent was not meant for those sitting at home.

The ruling by Justice Rajiv Narain Raina came on a petition filed six years ago by an employee for granting benefit of policy instructions dated January 31, 2006, which increased the retirement age of persons with disability beyond 70 per cent from 58 to 60 years. Directions were also sought for the grant of consequential benefits.

The Bench was told that the government accepted his case before disbursing two years’ salary in April.

The payment was received by the petitioner pending litigation, but his counsel submitted the employee was also entitled to interest on delayed payments.

Justice Raina asserted the petitioner and his family ought to be satisfied with the payment of salary arrears for two years without doing any work.

He added the underlying principle of the instructions quite possibly was that a person with disability should be fit and able enough to perform the duties of office, health permitting.

Where an employee was rendered “non compos mentis” or of unsound mind by serious illness, or was suffering from a disability categorised as neurological disorder of 100 per cent, he may hardly be of any continued use and productivity to the administration, which required minimum efficiency to do the job though at reduced levels in case of persons with disability.