Sharda Kanwar W/O Shri Narendra Singh … vs State Of Rajasthan (2026:Rj-Jp:10392) on 12 March, 2026

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    Rajasthan High Court – Jaipur

    Sharda Kanwar W/O Shri Narendra Singh … vs State Of Rajasthan (2026:Rj-Jp:10392) on 12 March, 2026

    [2026:RJ-JP:10392]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                     S.B. Civil Writ Petition No. 13790/2025
    
    Sharda Kanwar W/o Shri Narendra Singh Sisodia, Aged About 45
    Years, R/o 161/139, Sector-16, Pratap Nagar, Jaipur.
                                                                               ----Petitioner
                                             Versus
    1.       State       Of    Rajasthan,          Through          Principal     Secretary,
             Department           Of     Home,        Government          Of     Rajasthan,
             Government Secretariat, Jaipur, Rajasthan.
    2.       Director General Of Police, Rajasthan, Lal Kothi, Jaipur.
    3.       Commissioner Of Police, Commissionerate Police Jaipur,
             Rajasthan.
    4.       Station House Officer, Ramnagaria, Jaipur East.
                                                                          ----Respondents
    For Petitioner(s)              :     Mr. Laxmi Kant Malpura
                                         Ms. Madhavi Vyas
                                         Mr. Jeetram Choudhary
                                         Ms. Shivangi Singh Patel
    For Respondent(s)              :     Ms. Megha Sharma for
                                         Mr. Bhuwnesh Sharma, AAG
    
    
    
                  HON'BLE MR. JUSTICE ANAND SHARMA
    
                                              Order
    
    12/03/2026
    
    

    1. This writ petition has been filed by the petitioner with

    the contention that her husband Narendra Singh Sisodia is holding

    SPONSORED

    the post of Constable. On 22.08.2021, while her husband was on

    duty, on account of tyre burst of his Motorcycle, he met with an

    accident and consequently on account of severe injuries, he went

    under coma. Learned counsel for the petitioner submits that

    husband of the petitioner has still not come out of coma and the

    Medical Experts have assessed his disability @ 85%.

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    2. Learned counsel for the petitioner also relies upon the

    letters issued by the Station House Officer of Police Station

    Ramnagariya, Jaipur East where, husband of the petitioner was

    posted as well as letter/report given by the Deputy Commissioner

    of Police, Jaipur East, who have confirmed that at the time of

    accident, husband of the petitioner was on duty. Learned counsel

    for the petitioner while relying upon Rule 99 of Rajasthan Service

    Rules, 1951 submits that under such special circumstances, where

    disability has occurred while the Government servant was on duty,

    he is entitled for Special Disability Leave and accordingly, prays to

    release the withheld salary admissible to husband of the petitioner

    from October, 2011 till date. Learned counsel for the petitioner has

    also referred to Section 20 Sub-Clause (4) of the Rights of Persons

    with Disability Act, 2016 which protects a Government employee

    from any adverse action on account of suffering disability during

    his service as well as to protect his rights and benefits. Learned

    counsel for the petitioner has relied upon the judgment of

    Coordinate Bench of this Court in the case of Sunil Kumar Gupta

    Vs. State of Rajasthan & Ors. in S.B. CWP No. 9277/2021

    decided on 09.07.2025.

    3. Although, no reply to the writ petition has been filed

    yet, learned counsel for the respondents opposed the writ petition

    and stated that on account of fact that no FIR was lodged with

    regard to alleged incident therefore, Special Disability Leave

    cannot be granted to husband of the petitioner until and unless, it

    is proved that he was on duty at the time of accident.

    4. Heard learned counsel for the parties and perused the

    record.

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    5. Learned counsel for the petitioner has placed on record

    letter dated 30.10.2023 issued by Deputy Commissioner of Police,

    Jaipur East which makes it clear that husband of the petitioner

    was treated on duty at the time of accident. The unique disability

    ID issued by the Competent Authority has also been placed on

    record to establish that husband of the petitioner has been

    suffering 85% disability thus, both the conditions which are

    required for sanctioning Special Disability Leave under Rule 99 of

    RSR are fulfilled in this case. Merely, the suspicions created by

    other officers on account of not lodging an FIR or there were

    discrepancies in Rojnamcha would not disentitle husband of the

    petitioner from the legitimate benefits admissible to him under the

    provisions of Rajasthan Service Rules as well as under the Act of

    2016.

    6. The Coordinate Bench of this Court in the case of Sunil

    Kumar Gupta (supra), after examining the similar circumstances

    has observed as under:

    “A coordinate Bench of this Court has, in the case of Ummed Singh vs.
    State of Rajasthan-2019
    (4) RLW 3386, involving identical
    controversy, held as under:

    “3. I have considered the submissions. Section 20 (4) of the
    Act of 2016 reads as under:-

    “(4) No government establishment shall dispense with or
    reduce in rank, an employee who acquires a disability
    during his or her service: Provided that, if an employee
    after acquiring disability is not suitable for the post he
    was holding, shall be shifted to some other post with the
    same pay scale and service benefits: Provided further
    that if it is not possible to adjust the employee against
    any post, he may be kept on a supernumerary post until
    a suitable post is available or he attains the age of
    superannuation, whichever is earlier.”

    4. From the perusal of the aforesaid it is apparent that the
    Parliament while enacting the said Act and the aforesaid
    section essentially intended that no government establishment
    would dispense with services of an employee who acquires

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    disability during his service and have also provided what has
    to be done if the employee is found to be not suitable to
    perform his duties it proceeds to even come to the extent of
    directing to keep such a disabled employee on a
    supernumerary post.

    5. A supernumerary post may be created for a suitable person
    in any of the existing grade. It is essentially created for
    accommodating a permanent officer thus it is a post meant for
    that disabled employee alone. Hence, even if the employee is
    not able to perform any work he will be deemed to be treated
    as worker against the said supernumerary post and his salary
    will be drawn from that post has to be equivalent to that
    which he was holding prior to his acquiring disability the post
    would thus get extinguished on the day when the said
    disabled person attains superannuation.

    6. Accordingly, it is directed that the petitioner shall be
    deemed to be continuous in service against a supernumerary
    post equivalent to that of a driver and his salary shall be
    drawn against the said post and paid to him each month till he
    attains superannuation whereafter he will be paid pension in
    terms of the Rules of 1996. It has already come on record that
    the petitioner was drawing salary from 2015 upto February
    2017 after he had acquired the disability and thus this Court
    does not find any reasons coming forward for not allowing the
    petitioner to draw salary till he attains superannuation. No
    reasons have come forward for stopping the salary of the
    petitioner from March 2017.

    7. In view of the above, the contentions of the learned
    Additional Advocate General to keep the petitioner as
    voluntarily retired is not made out and the same is rejected. It
    is further directed taking into consideration all the aspects that
    the petitioner would be entitled to all medical facilities and
    reimbursement of treatment expenses as are available to an
    employee in service. Taking into consideration the acute
    condition of the petitioner, it is directed that the department
    shall deposit his monthly salary and also make his
    reimbursements of treatment expenditure each month without
    fail and deposited the same in his bank account which shall be
    obtained from his relatives after due verification. Similar view
    has been taken by this Court is akin to what has been allowed
    by the Supreme Court in the cases of Bhagwan Das & Anr.
    Versus Punjab State Electricity Board, AIR 2008 Supreme
    Court 990, Kunal Singh Versus Union of India & Anr., AIR
    2003 Supreme Court 1623 and Tulcha Ram Versus The State
    of Rajasthan & Ors. (S.B. C.W.P. No.4862/1998), decided on
    25.03.2017.

    8. Accordingly the writ petition is allowed.”

    Therefore, view of this Court that the petitioner is
    entitled for the salary and other service benefits under Section

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    20(4) of the Act of 2016 stands fortified from the aforesaid
    precedents.

    The second limb of submission of learned counsel for the
    respondents as to non maintainability of the writ petition on
    the ground of availability of efficacious and alternative remedy
    to the petitioner, is misconceived and deserves to be rejected.

    Neither the provisions of Section 23, nor the provisions
    of Section 80 offer the petitioner an alternative and efficacious
    remedy so as to non-suit him. Section 23(2) provides that if
    any complaint is filed by any aggrieved person with the
    Grievance Redressal Officer, he shall investigate it and shall
    take up the matter with the establishment for corrective
    action. It does not reflect that such Grievance Redressal
    Officer has been bestowed with any jurisdiction or power to
    deliver any verdict in the matter and to get it enforced. He can
    only take up the matter with the establishment for the
    corrective action. Although sub-section (4) of Section 23 gives
    an opportunity to the aggrieved person, if dissatisfied with the
    action taken on his/her complaint made under Section 23(2),
    to approach the District Level Committee on disability; but,
    while, the Act of 2016 is silent on the power and jurisdiction of
    the District Level Committee on disability, the order dated
    09.01.2020 issued by the State Government and relied upon
    by the learned counsel for the respondents, also does not
    postulate any authority vested with the Committee to pass
    any order or direction on the complaint of the aggrieved
    person obliging the establishment to comply with the same.
    Under this order, it can only make suggestions to the District
    Officer on the appeal. Similarly, Section 80 of the Act of 2016
    also does not reflect any authority of the State Commissioner
    to issue any direction to the establishment to ensure
    compliance of Section 20(4) or any mechanism to get it
    enforced. Reliance placed on Section 82 by the learned
    Additional Advocate General is misconceived and misplaced. It
    simply provides that for the purpose of discharging his
    function under the Act, the State Commissioner shall have the
    same powers as that of a Civil Court while trying a suit in
    respect of matters enumerated thereunder such as
    summoning and enforcing the attendance of witnesses,
    discovery and production of a document, requisitioning any
    public record or copy thereof from any Court or office,
    receiving affidavits and issuing commissions for the
    examination of witnesses or public documents.

    In the aforesaid circumstances, the remedy available
    under Section 83 or under Section 80 is found neither
    efficacious, nor alternative for the redressal of the grievance
    of the petitioner.

    Moreover, not to entertain a writ petition in view of
    availability of an alternative remedy is a self imposed
    restriction by the writ Courts and it is not an absolute bar to

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    the exercise of this discretionary and equitable remedy. In the
    instant case, as already observed, the petitioner has incurred
    disability during the course of employment and has not been
    paid salary or any other service benefits except clearing the
    medical bills for the last more than five and a half years.
    Instead of ensuring compliance of the salutary provisions
    contained under Section 20(4) of the Act of 2016, the
    petitioner has been dragged into this litigation which is
    pending consideration for the last almost four years. In view
    thereof, even otherwise also, this Court is not inclined to
    relegate the petitioner to any other illusory remedy.

    The aspect of maintainability of the writ petition can be
    examined from another angle as well. The action/omission on
    the part of the respondents in not making payment of salary
    and other service benefits for the last about five and half
    years to the petitioner, who is completely disabled and
    confined to bed, despite his eligibility and entitlement for the
    same under Section 20(4) of the Act of 2016 definitely
    amounts to violation of his fundamental right to live with
    dignity which is one of the facets of right to life and liberty
    guaranteed under Article 21 of the Constitution of India. For
    this reason also, this Court finds the writ petition to be
    maintainable.

    Resultantly, the writ petition is allowed with cost. The
    respondents are directed to release due salary and other
    service benefits to the petitioner. The arrears of salary and
    other benefits shall be released within a period of four weeks
    from today with interest @ 6% per annum failing which the
    interest shall be leviable at the rate of 9% per annum after
    expiry of the period of four weeks and the Officer(s)
    responsible for delay would bear the enhanced interest
    component. The respondents are further directed to pay to the
    petitioner salary on month to month basis regularly and other
    service benefits in terms of Section 20(4) of the Act of 2016
    and in case of his retirement, he shall be released all retiral
    benefits. The cost is quantified as Rs.25,000 which shall be
    paid by the respondents to the petitioner within a period of
    four weeks from today.

    The aforesaid case is a classic case reflecting the
    insensitivity and apathy of the respondents towards the plight
    of a disabled person who has been denied benefit under the
    Act of 2016 by the respondents for last about five and a half
    year without any justification which frustrates the laud object
    of the enactment of the Rights of Persons with Disabilities Act,
    2016
    .

    In the aforesaid factual context, this Court deems it just
    and proper to issue a direction to the Chief Secretary,
    Government of Rajasthan to issue necessary
    instruction/circular to all the Government Departments to
    identify such disabled employees, if any, and to extend them

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    benefit of Section 20(4) of the Act of 2016 in its letter and
    spirit, immediately. ”

    7. In the light of aforesaid discussion and observations

    made by Coordinate Bench of this Court, the writ petition filed by

    the petitioner deserves to be allowed.

    8. Consequently, the respondents are directed to issue

    necessary orders for granting Special Disability Leave to husband

    of the petitioner as well as to release the due salary from August,

    2021 till this date and to continue payment of regular salary as

    per entitlement of husband of the petitioner. Necessary exercise

    shall be carried out within a period of 30 days from the date of

    receipt of certified copy of this order.

    9. Pending application(s), if any, shall stand disposed of.

    (ANAND SHARMA),J

    NEERU /24

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