Paralysed Employee Entitled To Full Pay: Allahabad HC
The Allahabad High Court recently ruled that an employee suffering from paralysis who is unable to attend work due to their condition is entitled to full pay during their medical leave.
In his observation, Justice Ajit Kumar's bench overturned a state government decision to reduce an employee's pay during a period of medical leave following paralysis. The court stated that this decision violated the provisions of the Rights of Persons with Disabilities Act of 2016.
"If the petitioner's husband (employee) was suffering from paralysis and was not in a position of fit physical condition to attend the office, such a person definitely deserved protection from the State which is to act as a model employer and hence petitioner's husband was fully entitled to pay protection for the period he could not attend the office for the disease paralysis he suffered from," the Supreme Court said.
The court issued the judgement in response to a petition filed by the employee's wife, who served as the petitioner in this case. The petitioner's husband worked as an orderly in the office of the Joint Inspector General of Registration before succumbing to paralysis in 2020.
The court emphasised Section 20 of the 2016 Act, emphasising its explicit prohibition on employment discrimination against people with disabilities. Specifically addressing paralysis as a form of disability, the court reiterated that individuals suffering from paralysis would be classified as persons with disabilities under the Act.
