The Rajasthan High Court has ruled that a government employee who acquires a disability during service cannot be removed from employment merely because of that disability, even if the employee is still on probation. Setting aside the termination of a police constable, the Court held that the protection available under the Rights of Persons with Disabilities Act, 2016 extends to probationers as well.
Background of the Case
The petitioner, Sanjay Choudhary, was appointed as a constable in June 2013 and was serving as a probationer when he met with an accident in June 2014. A medical board later certified him as having 100% disability. In 2018, the State terminated his services on the ground that he had become incapable of performing the duties of a constable and granted him service gratuity under a government memorandum. Challenging this decision, he approached the High Court, arguing that Section 20 of the Rights of Persons with Disabilities Act, 2016 protected employees who acquire disability during service.
Court's Observations
Justice Rekha Borana examined Section 20 of the 2016 Act, which prohibits government establishments from dismissing or reducing the rank of an employee solely because the employee acquired a disability during service. The provision instead requires the employer to shift such an employee to another suitable post with the same pay and benefits or, if that is not possible, place the employee on a supernumerary post until retirement or availability of a suitable position.
Rejecting the State's argument that the petitioner was only a probationer, the Court observed that the law uses the term "employee" without creating any distinction between confirmed and probationary staff.
The bench observed,
"Section 20(4) of the Act of 2016 talks of an 'employee' and does not restrict it to any particular class of employee. It is not the proposition of law that a 'probationer' is not an 'employee' until confirmed."
The Court also relied on earlier decisions of the Supreme Court and various High Courts, noting that disability acquired during service cannot become a ground for terminating employment where the law requires reasonable accommodation and alternative posting. It further found that the government memorandum relied upon by the authorities applied to employees who died during probation and therefore had no application to the petitioner's case.
Court's Decision
Allowing the writ petition, the Rajasthan High Court quashed the 19 June 2018 termination order. It directed that Sanjay Choudhary be deemed to have remained in service and be reinstated immediately.
The Court further granted him 50% salary arrears from 29 June 2014 to 11 February 2026, considering the delay in approaching the Court, along with consequential service benefits, including increments, promotions and retiral benefits.
Any gratuity, NPS or similar amounts already paid are to be adjusted against the arrears. The Court directed that the arrears be released within six weeks, failing which they would carry interest at 6% per annum.
Case Details
Case Title: Sanjay Choudhary v. State of Rajasthan & Ors.
Case Number: S.B. Civil Writ Petition No. 3504/2026
Judge: Hon'ble Ms. Justice Rekha Borana
Decision Date: 22 July 2026
