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 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 Section 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. Section 20 (4) of the Act of 2016 reads 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."

4. From the perusal of the aforesaid it is apparent that the Parliament while enacting the said Act and the aforesaid section essentially intended that no government establishment would dispense with services of an employee who acquires disability during his service and have also provided what has to be done if the employee is found to be not suitable to perform his duties it proceeds to even come to the extent of directing to keep such a disabled employee on a supernumerary post.

5. A supernumerary post may be created for a suitable person in any of the existing grade. It is essentially created for accommodating a permanent officer thus it is a post meant for that disabled employee alone. Hence, even if the employee is not able to perform any work he will be deemed to be treated as worker against the said supernumerary post and his salary will be drawn from that post has to be equivalent to that which he was holding prior to his acquiring disability the post would thus get extinguished on the day when the said disabled person attains superannuation.

6. Accordingly, it is directed that the petitioner shall be deemed to be continuous in service against a supernumerary post equivalent to that of a driver and his salary shall be drawn against the said post and paid to him each month till he attains superannuation whereafter he will be paid pension in terms of the Rules of 1996. It has already come on record that the petitioner was drawing salary from 2015 upto February 2017 after he had acquired the