Allahabad High Court Rebukes State for Denying Pay to Paralyzed Employee: 'Fully Entitled to Pay Protection

The Allahabad High Court has strongly criticized the State government for withholding payment to an employee who suffered paralysis, declaring that an employee incapacitated by a medical condition is "fully entitled to be paid while on medical leave." The judgment, delivered by Justice Ajit Kumar, lambasts the State for violating the Rights of Persons with Disabilities Act, 2016.

The case involves the widow of an employee who worked as an orderly in the office of the Joint Inspector General of Registration until his demise in 2020 due to paralysis. The State's decision to categorize 967 days of the employee's absence as extraordinary leave without pay was deemed unacceptable by the court.

Justice Kumar emphasized the obligation of the State as a model employer to protect employees facing health challenges. The court found the State's adherence to its Financial Handbook insufficient, asserting that the 2016 Act, a central law, supersedes any conflicting rules.

The judgment underscores the Acts' provisions, stating, "I am of the considered view that despite there being parliamentary legislation, the respondents wholly, illegally and arbitrarily applied the principle of the Financial Handbook in not giving pay protection to its employee who suffered paralysis while serving."

The court not only directed the payment of arrears to the widow but also imposed a cost of ₹25,000 on the State government for the unjustifiable delay. It further ordered an eight percent interest on the owed amount, expressing concern over the petitioner's unnecessary ordeal. The judgment serves as a stern rebuke, emphasizing the legal rights of employees facing disability and the imperative for the State to adhere to legislative protections.

Author: Anushka Taraniya

News Writer, MIT ADT University