NARENDRA KUMAR CHANDLA versus STATE OF HARYANA AND ORS.

NARENDRA KUMAR CHANDLA versus STATE OF HARYANA AND ORS.

An employer is obliged to adjust an employee incapacitated by disease in a suitable post with protection of his last drawn pay under Article 21, even if typing test requirements for L.D.C. are relaxed in exceptional circumstances.

Parties
Appellant: NARENDRA KUMAR CHANDLA; Respondents: STATE OF HARYANA AND ORS.
Jurisdiction
India
Judgment Date
04 February 1994
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Right to Livelihood, Service Benefits, Accommodation for Disabled Employees
Service Law Constitutional Law Right to Livelihood Service Benefits Accommodation for Disabled Employees

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Parties

NARENDRA KUMAR CHANDLA

Appellant

STATE OF HARYANA AND ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the employer is obligated to offer equivalent employment with protected pay to an employee who is incapacitated due to disease and cannot perform his technical duties
  2. 2 Validity of absorbing an employee in a post with lesser pay scale due to medical incapacity
  3. 3 Right to livelihood under Article 21 when employee cannot fulfill previous job duties

Ratio Decidendi

An employer is obliged to adjust an employee incapacitated by disease in a suitable post with protection of his last drawn pay under Article 21, even if typing test requirements for L.D.C. are relaxed in exceptional circumstances.

Court Disposition

Appeal allowed

Orders

  • Respondent Board directed to relax typing test requirement and appoint appellant as L.D.C.
  • Appellant to be placed in the L.D.C. post with protected pay scale of Rs. 1400-2300.