A government employee who acquires a disability during service cannot be denied salary or medical reimbursement
Rajasthan High Court Upholds Rights of Disabled Government Employees. Court Orders Immediate Payment of Salary and Medical Reimbursement to Comatose Officer
In a landmark judgment, the Rajasthan High Court, Jaipur Bench, has reinforced the rights of government employees who acquire disabilities during their service. The case, Megha Kanwar v. State of Rajasthan, involved a Commercial Taxes Officer who suffered a brain hemorrhage, resulting in a coma for over two years. Presided over by Justice Ravi Chirania, the court ruled that the non-payment of the officer's salary and medical bills was arbitrary and violated both Section 20(4) of the Rights of Persons with Disabilities Act, 2016, and Article 21 of the Constitution of India.
The petitioner, Megha Kanwar, represented by Advocate Tanveer Ahmed, argued that her husband had not received his salary since August 2024 and that the government had failed to reimburse his substantial medical expenses, placing an undue financial burden on the family. The court emphasized that the government's inaction was inhumane and unjust, breaching the fundamental right to live with dignity.
Justice Chirania referred to several precedents, including Bhagwan Das v. Punjab State Electricity Board and Kunal Singh v. Union of India, which underscored the obligation of employers to accommodate and support employees who become disabled. The court directed the State of Rajasthan to examine the case within seven days and ensure the payment of all outstanding dues and future medical bills promptly.
The judgment highlights the judiciary's role in upholding the rights of the disabled and ensuring that government establishments fulfill their responsibilities toward employees in distress. This decision sets a significant precedent for similar cases, reinforcing the legal protections afforded to disabled individuals in the workforce.
Bottom Line:
A government employee who acquires a disability during service cannot be denied salary or medical reimbursement - Non-payment of salary and medical bills to an employee in coma is arbitrary, unjust, and violative of Section 20(4) of the Act and Article 21 of the Constitution.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 20(4); Constitution of India, Article 21.
Megha Kanwar v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2790197
