Haryana Roadways Employee with 70% Disability Secures Job Continuity and Benefits Until Retirement
In a landmark decision, the Punjab and Haryana High Court has reaffirmed the employment rights of a government worker who acquired a disability during service. The court ruled in favor of Brij Bhushan, an employee of Haryana Roadways, recognizing his entitlement to retain employment and receive full service benefits despite his disability.
Brij Bhushan, who served as a Painter, suffered a brain hemorrhage leading to a 70% disability, verified by a medical board. The court found that the Haryana government had acted arbitrarily in rejecting Bhushan's claims and issuing a charge sheet for his absence from duty, which was due to his medical condition.
Justice Sandeep Moudgil emphasized that under the Rights of Persons with Disabilities Act, 2016, an employee who acquires a disability during service cannot be removed or demoted but should be adjusted to a suitable or supernumerary post. The court noted that Bhushan's disability certificate is valid until 2029, aligning with his retirement, thus entitling him to job security and benefits.
The judgment criticized the state for its lack of empathy and support, underscoring that disability should not lead to economic or social exclusion. The court ordered the state to reinstate Bhushan with full service benefits, including salary and promotions, and to treat his absence due to disability as on-duty. The decision aligns with precedents set by the Supreme Court, emphasizing the state's duty to provide reasonable accommodation.
The ruling is a significant victory for employees with disabilities, highlighting the judiciary's role in ensuring humane and fair treatment by public employers. It serves as a reminder of the constitutional and statutory obligations to protect the rights and dignity of disabled employees.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Employee acquiring disability during service cannot be removed, reduced in rank, or denied promotion - Entitled to adjustment on a suitable post or supernumerary post with full service benefits till superannuation.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Article 226/227 of the Constitution of India.
Brij Bhushan v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2837087
