High Court directs Haryana to release salary to comatose worker

Saurabh Malik

Chandigarh, March 8

More than three years after a multipurpose health worker slipped into a coma after sustaining a head injury in a road accident, the Punjab and Haryana High Court has directed Haryana to release his salary in the first week of every month. The arrangement was directed to continue till he was alive or attained the age of superannuation.

Compassionate stance

An employee in coma has been made to approach this court for the release of the salary, which he is otherwise entitled to under law. This situation should have been avoided by the State being a welfare state. Nothing has come on record as to what impediment exists for non-release of the salary of disabled employee. Justice Harsimran Singh Seth

Directing salary arrears’ payment from January 1, 2021, till date, Justice Harsimran Singh Seth said an employer was required to be sensitive about the misery of his employee, “who unfortunately met with an accident and is in a coma since last more than three years”.

Displaying the humanitarian side of law, Justice Sethi asserted the employee was compelled to approach the court through his father for the release of salary, which he was otherwise also entitled to under the law. “This situation should have been avoided by the State being a welfare state,” the Bench said.

Justice Sethi also imposed Rs 25,000 costs after observing that the salary of a disabled employee was withheld without valid justification.

Referring to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, Justice Sethi said any employee acquiring disability during service was required to be shifted to another post with the same pay scale and

service benefits.

In case it was not possible to shift the employee, a supernumerary post was required to be created so that the employee was able to receive salary he was getting prior to becoming disabled up to the age of superannuation.

Justice Sethi added: “Nothing has come on record as to what impediment exists for non-release of the salary of disabled employee and the family has been made to approach this court to seek the relief.”

He also made it clear that arrears of salary would carry an interest of 6 per cent per annum as the respondents were under an obligation to release the wages when the ailment/disability was suffered.

The bank authorities were also directed to release the amount received as salary to the family.