Interim protection for disabled employee: reinstatement and regular salary ordered, while back wages remained stayed pending final decision.
An employee who acquired mental disability during service was granted interim protection under Section 47 of the Disabilities Act, with the Court taking a pragmatic view that service continuity should be preserved pending final adjudication. The impugned order was stayed only as to back wages, while reinstatement with regular salary from a specified date was directed. The Court also ordered medical examination to assess suitable duties that could safely be assigned, reflecting the statutory scheme for continued employment through accommodation where possible. The question of the disciplinary authority's power was left open for final decision.
Issues: (i) Whether interim protection should be granted to an employee who acquired mental disability during service and was dismissed after disciplinary proceedings; (ii) Whether the employee was entitled, pending final decision, to reinstatement with regular salary while back wages were kept in abeyance.
Issue (i): Whether interim protection should be granted to an employee who acquired mental disability during service and was dismissed after disciplinary proceedings.
Analysis: The dispute arose in the context of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which protects an employee who acquires disability during service and contemplates continued service by suitable adjustment where possible. On the facts noted, the employee had developed mental disability during service and had allegedly been unable to participate effectively in the disciplinary proceedings. The Court considered that a pragmatic approach was required in view of the disability and that the question of the Commissioner's power would be examined at a later stage.
Conclusion: Interim protection was warranted in view of the disability and the statutory scheme.
Issue (ii): Whether the employee was entitled, pending final decision, to reinstatement with regular salary while back wages were kept in abeyance.
Analysis: The Court balanced the employee's disability and the need to avoid immediate prejudice to her service status against the petitioner's objection to payment of back wages. It directed that the impugned order remain stayed only to the extent of back wages, while ensuring that the employee would be reinstated and paid regular salary from a specified date. It also directed medical examination to determine suitable duties that could safely be assigned.
Conclusion: The employee was entitled to reinstatement with regular salary, but not to back wages at that stage.
Final Conclusion: The interim arrangement protected the employee's service continuity and salary prospectively, while deferring the question of back wages and the Commissioner's authority for final adjudication.
Ratio Decidendi: An employee who acquires disability during service may be protected by interim relief under Section 47 of the Disabilities Act, including reinstatement and suitable duty assignment, where the facts justify a pragmatic accommodation pending final decision.
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