The Punjab and Haryana High Court has directed Haryana to release the salary of a multipurpose health worker, who slipped into a coma after sustaining a head injury in a road accident, in the first week of every month. This directive is to remain in effect until the worker either recovers or reaches the age of superannuation, more than three years after the accident occurred.

Justice Harsimran Singh Seth directed the payment of salary arrears from January 1, 2021, until the present date, emphasizing the employer's responsibility to be empathetic towards an employee who has been in a coma for over three years due to an unfortunate accident.

Justice Sethi highlighted that the employee had no choice but to seek court intervention, facilitated by his father, for the release of his rightful salary. The court emphasized that this predicament could have been prevented, considering the state's obligation as a welfare state to ensure the well-being of its citizens.

Justice Sethi referred to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, stating that any employee who acquires a disability during their service should be transferred to another position with an equivalent pay scale and service benefits. If transferring the employee is not feasible, a supernumerary position must be created to ensure the employee continues to receive the same salary they were receiving prior to becoming disabled until the age of superannuation.

Justice Sethi added: “Nothing has come on record as to what impediment exists for non-release of the salary of disabled employee and the family has been made to approach this court to seek the relief.”

Justice Sethi also clarified that the arrears of salary would accrue an interest of 6 per cent per annum, as the respondents were obligated to release the wages when the ailment or disability was incurred. Additionally, the bank authorities were instructed to release the salary amount received directly to the family.