Landmark Judgment Ensures Protection and Benefits for Employees Acquiring Disability During Service
In a significant judgment, the Rajasthan High Court (Jaipur Bench), presided by Justice Anand Sharma, has reinforced the rights of government employees who acquire disabilities during their service. The Court directed the State of Rajasthan to immediately release withheld salaries and benefits to Narendra Singh Sisodia, a constable who suffered a severe disability while on duty, and emphasized the protection offered under Section 20(4) of the Rights of Persons with Disabilities Act, 2016.
The petitioner, Sharda Kanwar, wife of Narendra Singh Sisodia, filed the writ petition after her husband was involved in a motorcycle accident due to a tyre burst on August 22, 2021, while on duty. The accident left him in a coma with an 85% disability. Despite confirmation from the Deputy Commissioner of Police, Jaipur East, that Sisodia was on duty, his salary was withheld based on discrepancies such as the non-lodging of an FIR.
Justice Sharma, referencing Rule 99 of the Rajasthan Service Rules, 1951, and Section 20(4) of the Rights of Persons with Disabilities Act, 2016, ruled that government employees acquiring disabilities while on duty are entitled to Special Disability Leave and other benefits without prejudice due to procedural discrepancies. The judgment mirrors precedents set by the Supreme Court and similar cases, emphasizing that the fundamental rights under Article 21 of the Constitution of India must be upheld.
The Court found that alternative remedies under Sections 80 and 83 of the Rights of Persons with Disabilities Act, 2016 were neither efficacious nor enforceable, thus supporting the maintainability of the writ petition. Justice Sharma directed the respondents to release Sisodia’s salary from August 2021 and continue regular payments, as well as to extend benefits to other similarly affected employees.
The judgment also urged the Chief Secretary of Rajasthan to issue circulars ensuring compliance with the provisions of Section 20(4), thereby safeguarding the dignity and rights of disabled employees across government establishments.
Bottom Line:
Government employees acquiring disability during service are entitled to protection under Section 20(4) of the Rights of Persons with Disabilities Act, 2016, including retention in service, salary, and related benefits.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 20(4), Rajasthan Service Rules, 1951 Rule 99, Article 21 of the Constitution of India.
Sharda Kanwar v. State Of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2870570
