UMMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was initially appointed on Work Charge Post. On 20/2/1979 he was declared semi permanent on completion of 2 years of service and thereafter was regularized as a vehicle driver w.e.f. 1/4/1994. While in service he suffered paralytic attack on 14/5/2015 and as per certificate issued by the Associate Professor, Neurosurgery, dtd. 25/4/2018. As per the disability certificate issued by the department of Medical and Health dtd. 4/6/2018, the petitioner is suffering 60% permanent physical impairment and is totally incapacitated to perform any kind of duty with the respondents. While the respondents continued to pay him salary upto March 2017, the same was stopped. Facing the said situation, the petitioner has approached this Court praying for grant of benefits in terms of Rule 20 (4) of the Rights of Persons with Disabilities Act, 2016 (hereinafter 'the Act of 2016').

(2.) While the learned Additional Advocate General does not seriously contest the matter taking into consideration the precarious situation in which the petitioner has been placed, she submits that as no work can be assigned of any nature to the petitioner it would be in the interest of the State that the petitioner be treated as voluntarily retired under the Rajasthan Civil Services (Pension) Rules, 1996 (hereinafter 'the Rules of 1996') and be allowed to receive proportionate pension and other benefits. Counsel also submits that the petitioner may be also allowed extraordinary pension in terms of Rule 115 of the Rules of 1996. Learned counsel submits that the provisions of the Act of 2016 in relation to Sec. 20 (4) of the Act of 2016 for a supernumerary post would not be in accordance with the purpose envisaged therein as the petitioner would be not able to perform any work against the said post also.

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