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2019 Supreme(Raj) 2826

SANJEEV PRAKASH SHARMA
Ummed Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
C.P. Sharma, Adv., Sheetal Mirdha, Adv.

JUDGMENT

Sanjeev Prakash Sharma, J. - The petitioner was initially appointed on Work Charge Post. On 20.02.1979 he was declared semi permanent on completion of 2 years of service and thereafter was regularized as a vehicle driver w.e.f. 01.04.1994. While in service he suffered paralytic attack on 14.05.2015 and as per certificate issued by the Associate Professor, Neurosurgery, dated 25.04.2018. As per the disability certificate issued by the department of Medical and Health dated 04.06.2018, 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

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