[2025:RJ-JP:51962] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15823/2025 Ashish Srivastava S/o Shri Brijesh Kumar Srivastava, Aged About 42 Years, R/o Flat No. 304, Abc Paradise, Kanak Vihar Colony, Kamla Nehru Nagar, Ajmer Road, Jaipur, Rajasthan. ----Petitioner Versus 1. Managing Director,rajasthan Rajya Vidyut Prasaran Nigam Limited, , Office Addres Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur, Rajasthan. 2. Secretary (Admn), Rajasthan Rajya Vidyut Prasaran Nigam Limited, Office Address Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur, Rajasthan. 3. Chief Engineer (Pp And D) Rajasthan Rajya Vidyut Prasaran Nigam Limited, Office Address Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur, Rajasthan. 4. Executive Engineer (P And P) Rajasthan Rajya Vidyut Prasarn Nigam Limited, Office Address Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. C.P. Sharma with Mr. Kirti Lamba For Respondent(s) : Mr. Ribhu Dutta with Ms. Kavita Sharma and Mr. Kuldeep Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/11/2025 1. The present writ petition is preferred by the petitioner with the following prayer: “(a) By an appropriate writ, order, directions, or instructions, the respondents may kindly be directed to immediately release the entire due salary of petitioner from 23.08.2017 to till he being physically able to discharge the duties or attain the age of superannuation along with interest of 18% per annum. (b) By an appropriate writ, order, directions, or instructions, the respondents may kindly be directed to release all retiral benefits to petitioner at the eve of his retirement. (c) By an appropriate writ, order, directions, or instructions, the respondents may kindly be restrained not to take any coercive steps against [2025:RJ-JP:51962] (2 of 7) [CW-15823/2025] the petitioner including termination during pendency of writ petition.” 2. With the consent of learned counsel for the parties, this writ petition is being disposed of at this stage. 3. Brief facts of the case are that the present petitioner was appointed on the post of Junior Engineer on 06.10.2008 and during his service with the respondents, he suffered a brain hemorrhage on 03.04.2017. As a result thereof, the petitioner became totally paralysed and is confined to a wheelchair. Due to the said disability, the petitioner was unable to discharge his duties, however, he was promoted on 21.05.2018 to the post of Assistant Engineer. On 13.06.2025, respondent No. 4 issued a letter for constitution of a Medical Board at Sawai Mansingh Hospital, Jaipur, to examine the health condition of the petitioner and petitioner was examined on 27.06.2025 and a report was submitted. 4. Learned counsel further submitted that salary of petitioner was withheld from 23.08.2017 till date and has not been paid despite repeated reminders and pursuance. While referring to the provisions of Section 20(4) of the Rights of Persons with Disabilities Act, 2016, he submitted that if an employee acquires disability and is not suitable for the current post, he shall be shifted to some other post and shall be entitled to entire service benefits, and in case the employer is unable to accommodate the employee, then he may be kept on a supernumerary post till attaining the age of superannuation. 5. During the course of arguments, an additional affidavit is filed by the respondents to indicate that pursuant to the [2025:RJ-JP:51962] (3 of 7) [CW-15823/2025] promotion order dated 21.05.2018, the petitioner submitted his joining report on 11.06.2018. An order dated 11.06.2018 issued by the Superintending Engineer, R.E.M.C., R.V.P.N., Hirapura, Jaipur, has been placed on record to show that on 11.06.2018, the present petitioner was relieved from his previous posting. A copy of the attendance register (Annexure A5) has also been placed on record to show that the petitioner marked his attendance on 11.06.2018. It is also on record that on 12.06.2018, an application was submitted to the Chief Engineer, (P.P. & D.), R.V.P.N., Jaipur, seeking medical leave from 12.06.2018. An application dated 30.11.2018 is filed through third person to exercise option for fixation under the 7th Pay Commission. 6. The material on record clearly indicates that on 16.05.2017, the petitioner was discharged from a private hospital at Jaipur, where he was admitted on 03.04.2017 and was diagnosed with CVA, brain stem and left cerebral ICH with quadriparalysis. 7. The Medical Board, in its report dated 27.06.2025, found that the petitioner is bound to a wheelchair, suffering from right hemiplegia, dysarthria, spasticity, cerebellar involvement with impaired coordination and ataxia. The Medical Board opined that the petitioner is suffering from severe disability (MRS-04) and is unable to work without an assistant and is unable to attend to his bodily needs without assistance. The condition is unlikely to improve and the petitioner is unable to perform his duties as Assistant Engineer as per clinical reports. [2025:RJ-JP:51962] (4 of 7) [CW-15823/2025] 8. This Court specifically asked learned counsel for the petitioner to place on record medical documents from May 2017 onwards till the examination by the Medical Board; however, despite opportunity being granted, no such medical record was submitted. The material on record clearly indicates that from June 2017 till 27.06.2025, not a single document has been placed on record to show medical condition or treatment of the petitioner. 9. The documents placed by the petitioner indicate that pursuant to promotion, he attended office on 11.06.2018 and thereafter remained on medical leave from 12.06.2018 onwards. 10. The petitioner has claimed that he has not been paid salary from 23.08.2017 and has demanded interest at the rate of 18% per annum. It is quite strange that the petitioner suffered disability on 03.04.2017, and was discharged from hospital on 16.05.2017, attended office on 11.06.2018, and thereafter remained on medical leave from 12.06.2018. 11. Section 20(4) of the Act of 2016 is reproduced 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. [2025:RJ-JP:51962] (5 of 7) [CW-15823/2025] 12. [2025:RJ-JP:51962] (5 of 7) [CW-15823/2025] 12. A Coordinate Bench of this Court in Umed Singh v. State of Rajasthan (2019) 4 WLC 215 while referring judgment in case of Bhagwan Das v. Punjab State Electricity Board, AIR 2008 SC 990, Kunal Singh v. Union of India, AIR 2003 SC 1623, and Tulcha Ram v. State of Rajasthan, S.B. Civil Writ Petition No. 4862/1998 decided on 25.03.2017, has held that an employee is entitled to all medical facilities and reimbursement of treatment expenses as are available to an employee in service, and considering the acute condition of the employee, the department was directed to deposit monthly salary. 13. A Coordinate Bench of this Court in Sunil Kumar v. State of Rajasthan & Others, S.B. Civil Writ Petition No. 9277/2021 decided on 09.07.2025, also relied upon the judgments in Bhagwan Das (supra) and Umed Singh (supra) and directed release of arrears of salary with interest at the rate of 6% per annum. 14. In the present case, the opinion of the Medical Board clearly indicates that the petitioner is unable to perform his duties and is unable to manage daily activities without assistance. The Department of Social Justice and Empowerment has also issued a circular dated 13.09.2025, which has binding effect upon the respondents. 15. There is nothing on record to show that the petitioner remained under continuous medical treatment from June 2017 till his examination by the Medical Board on 27.06.2025. Learned counsel for the petitioner submitted [2025:RJ-JP:51962] (6 of 7) [CW-15823/2025] that whatever leave was available in the account of the petitioner may be adjusted, to which learned counsel for the respondents agreed, in presence of officer incharge, but current period, after examination by the Medical Board, learned counsel for the petitioner prayed for release of salary and compliance of Section 20(4) of the Act of 2016. 16. Having taken note of the fact that no medical record, prescription or treatment papers have been placed on record to show continuous treatment from June, 2017 onwards, it is not possible for this Court to grant benefit of Section 20(4) of the Act of 2016, to the petitioner prior to period upto June, 2025. The petitioner has availed the benefit of promotion and also exercised option of fixation under the 7th Pay Commission, as selective benefits availed by petitioner are evident from the record. 17. The petitioner could have countered the stand of the respondents by producing medical records, however, the same were not produced despite grant of sufficient opportunity. Therefore, this Court has no option except to direct the respondents to comply with the provisions only from the date when the petitioner was adjudged disabled by the Medical Board. Accordingly, the writ petition is liable to be disposed of at this stage. 18. In view of the discussion made hereinabove, the writ petition preferred by the petitioner is allowed in the following terms: (i) The respondents are directed to comply with the provisions of Section 20(4) of the Act of 2016 and the circular dated 13.09.2025 issued by the Department of [2025:RJ-JP:51962] (7 of 7) [CW-15823/2025] Social Justice and Empowerment with effect from 27.06.2025, till the condition of the petitioner improves and he becomes capable of resume duties. (ii) If the petitioner is capable of performing alternative work, the respondents may assess his condition at periodical interval(s) and assign suitable work, depending upon medical condition. (iii) The respondents shall not discriminate the petitioner on the basis of disability acquired by him, as mandated under Section 20(4) of the Act of 2016. (iv) The respondents shall offer an opportunity for regularization of service of the petitioner from 23.08.2017 or 12.06.2018, as the case may be, after sanctioning leave available in the petitioner’s account, and if no leave is available, then by granting extraordinary leave or leave not due, so that the petitioner may receive benefits from 27.06.2025. 19. Accordingly, the writ petition along with pending applications, if any, stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /404