Court rules in favor of deceased Mohan Lal, ensuring his designation as ALM with full benefits, addressing discrimination against disabled employees.
In a landmark judgment, the Punjab and Haryana High Court has reinforced the rights of disabled employees, upholding the principles of equality enshrined in the Indian Constitution. The case involved Mohan Lal, a deceased employee of the Haryana State Electricity Board (HSEB), who had suffered a disability during his service. The court ruled that he should be treated as an Assistant Lineman (ALM) from the date he was initially offered the position on a regular basis in 1988, despite his subsequent disability.
The judgment was delivered by Mr. Justice Namit Kumar, who highlighted the arbitrary actions of the employer, which violated Articles 14 and 16 of the Constitution of India. Mohan Lal, who was initially employed as a daily-wage worker, suffered an accident during the course of duty in 1988, resulting in the amputation of his left leg. Despite being offered a regular position as ALM, the offer was withdrawn due to his disability. The court found that similarly situated employees who were disabled were promoted, and Mohan Lal was unjustly denied the same opportunity.
The court directed that Mohan Lal be posthumously treated as a regular ALM from August 16, 1988, and entitled to all consequential benefits, including arrears with an interest of 6% per annum. The judgment also addressed the claim for ex-gratia benefits by Mohan Lal's widow, aligning with the Haryana Compassionate Assistance Rules, 2006, stating that as Mohan Lal was to be treated as a regular employee, his dependents were entitled to these benefits.
The judgment reaffirms the legal protections under the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, emphasizing that an employee who suffers a disability should not face discrimination in promotions and benefits. The court's decision underscores the importance of equality and fairness in employment, setting a precedent for similar cases in the future.
Bottom Line:
An employee who suffers disability during the course of duty is entitled to be treated at par with other similarly situated employees and cannot be discriminated against in matters of promotion and benefits. Violation of Articles 14 and 16 of the Constitution of India occurs when such discrimination is meted out.
Statutory provision(s): Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47; Constitution of India, 1950, Articles 14 and 16; Haryana Compassionate Assistance to the Dependents of the deceased Government Employees Rules, 2006.
Mohan Lal (deceased) v. A.E.E./T & S.W. Workshop, (Punjab And Haryana) : Law Finder Doc id # 2854213
