Jaipur. Rajasthan High Court, while hearing a serious case, has given strict instructions to the state police department. The court has ordered a decision within 6 weeks on providing the salary and allowances payable under Section 20(4) of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) to a constable who has become 100 percent disabled. A single bench of Justice Ashok Kumar Jain dismissed S.B. This order was passed on civil writ petition number-15322/2025 (Kapil vs State of Rajasthan). Petitioner Kapil, who was earlier posted as a constable in District Jhalawar, became 100% disabled due to an incident that occurred while on duty. Despite his disability, he was not being given the salary and benefits as per Section 20(4) of the RPwD Act, 2016. Forced by this situation, constable Kapil had filed a petition in the High Court through his mother Sharda. It was mainly urged in the petition that the respondent (State Government/Police Department) should provide the benefit of Section 20(4) of the Act to the petitioner. on behalf of the petitioner Advocate Tanveer Ahmed And Prithvi Singh presented the arguments. Whereas, on behalf of the respondent State Government Additional Advocate General (AAG) Bhuvnesh Sharma And Vishnu Dutt Sharma was present. The Court, after hearing the arguments of both the parties and considering the relevant laws, while disposing of the petition, gave time bound directions to the Police Department that the respondent (Police Department) should investigate the case of Constable Kapil within 4 weeks and determine whether he is entitled to receive the outstanding pay and benefits under Section 20(4) of the Act.
If the department finds that Constable Kapil is eligible, then the salary and all emoluments due to him should be released without any delay within the next two weeks of the decision. If the petitioner is found not entitled to receive the benefit, the respondent shall pass an order with reasons and inform the petitioner.
The Court also directed to ensure that if the petitioner is entitled to the benefit, the same is provided to him regularly. This order is being considered as an important step in the direction of government departments not neglecting their responsibilities towards disabled employees.
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