Patna, May 9: The state human rights commission today directed the urban development department (UDD) to issue “favourable instruction” to Supaul Nagar Parishad at the earliest so that an employee could get his salary commensurate to his post.

Commission chairman Justice S.N. Jha issued the directive after a representative of Supaul Nagar Parishad told the commission that the urban body had sought guidelines from the UDD for clearing the salary of its employee. The commission has fixed June 19 as the next date of hearing of the case.

The case is related to one Md Ashrafuddin, who was posted as assistant-cum-accountant of Supaul Nagar Parishad. He suffered a stroke and paralysis. After recovering from his ailment, which rendered him not fit to perform normal duties of the post, Ashrafuddin went to the parishad office but much to his disappointment, his name was missing from the attendance list and he was told that his services were no more required because he would not be able to perform his duty.

After failing to convince his bosses, the parishad employee approached the state human rights commission in March last year and informed that he had not received salaries for the past six months.

During the course of hearing of the case, parishad representative said the commission that a legal opinion had been sought and it came out that the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which were referred by the applicant, were not applicable in case of nagar parishad. The commission, during the course of hearing of the case, however, observed that the legal opinion overlooked certain other provisions of the act.

“From the bare reading of the act, it is clear that the mandate of the law contained in Section 47 extends to all establishments and under Section 2 (k) of the act, the ‘establishment’ includes local authority among other things. As per Section 47, every establishment is required to adjust an employee against any other post if he is not able to perform the duties of the post he has been holding, as a result of disability, and where no such post is available, he has to be kept on supernumerary post until a suitable post is available, or he attains the age of superannuation, whichever is earlier; but in no case he be denied pay as admissible to the post held by him,” observed the commission.

When the parishad’s representative informed the commission that guidance had been sought from the UDD, the commission observed: “Seeking guidelines from the department may be part of the rules of business and process, the department cannot sit over or act contrary to the mandate of the law as embodied in Section 47 of the act.