Court Mandates Medical Reimbursement for Treatment in Non-Empanelled Hospital and Conversion of Leave Without Pay to Medical Leave
In a landmark judgment, the Punjab and Haryana High Court has directed the State of Haryana to create a supernumerary post for Sunil Kumar, an employee who acquired a 100% permanent locomotor disability due to Amyotrophic Lateral Sclerosis (ALS) during his service. The judgment, delivered by Justice Harpreet Singh Brar, emphasizes the rights of employees with disabilities under the Rights of Persons with Disabilities Act, 2016.
Sunil Kumar, who was working as an Assistant, was diagnosed with ALS, a severe neurological condition causing complete loss of function in both upper and lower limbs. The court has ordered that he cannot be dispensed with or reduced in rank due to his disability. He must be shifted to a suitable post with the same pay scale and benefits, or a supernumerary post should be created until a suitable post becomes available or he reaches the age of superannuation.
The court also addressed the issue of medical reimbursement, ruling that Kumar's treatment at Plexus Neuro and Stem Cell Research Center in Bangalore should be reimbursed, even though the hospital is not empanelled. The court held that denying reimbursement solely on the grounds of non-empanelment or lack of emergency classification is unjust, especially for chronic diseases like ALS that require immediate medical intervention.
Furthermore, the judgment mandates that the Leave Without Pay, which Kumar was compelled to take due to the lack of accommodations for his disability, should be converted to Medical Leave with full salary and service continuation. The court directed the respondents to pay the arrears without interest.
This decision underscores the importance of reasonable accommodations and timely medical intervention for employees with disabilities, ensuring their right to a dignified life and equal opportunities in employment.
Bottom Line:
Disability rights - Employees acquiring disability during service are entitled to reasonable accommodations, including creation of supernumerary posts under Section 20 of Rights of Persons with Disabilities Act, 2016. Medical reimbursement cannot be denied solely due to treatment availed in non-empanelled hospitals or non-emergency classification for chronic diseases.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 20, Haryana Civil Services (Leave) Rules, 2016, Articles 226/227 of the Constitution of India.
Sunil Kumar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2949057
