Probationer is Also 'Employee' Under RPwD Act

Source: Rajasthan High Court 

Why in News? 

A Bench of Justice Rekha Borana, in Sanjay Choudhary v. The State of Rajasthan & Ors. (2026), held that a probationary employee who acquires a disability during service is protected under Section 20 of the Rights of Persons with Disabilities Act, 2016, and set aside the termination of a police constable who was removed from service after acquiring 100% disability while on probation. 

What was the Background of Sanjay Choudhary v. The State of Rajasthan & Ors. (2026) Case? 

• The petitioner was appointed as a constable on June 3, 2013, and was on probation when he met with an accident on June 29, 2014. 
• He was subsequently certified to have suffered 100% disability, and his services were terminated on the ground that he had become incapable of discharging the duties of a constable. 
• The petitioner contended before the High Court that under the second proviso to Section 20(4) of the RPwD Act, 2016, an employee who acquires a disability during service cannot be removed from service and must either be adjusted against any other suitable post, or be deemed to be in service till the age of superannuation. 
• The State opposed the plea, arguing that since the petitioner was a probationer-trainee at the time of the incident and had not been confirmed in service, he was not entitled to claim the benefit of Section 20 of the Act. 

What were the Court's Observations? 

• On the meaning of "employee" under the Act: The Court held that since the petitioner was appointed after a regular process of selection, he fell within the category of "employee," and Section 20(4) of the Act did not restrict the term "employee" to any particular confirmed class of service. 
• On the status of a probationer: The Court observed that it could not be said that a probationer was not an "employee" until confirmed in service, and held that the State's conclusion to the contrary was in total contravention of law. 
• On reliance on precedent: The Court referred to the Supreme Court's decision in V.P. Ahuja v. State of Punjab & Ors., which held that a probationer is also entitled to certain protections and that his services cannot be terminated arbitrarily without complying with the principles of natural justice. 
• On the validity of the termination order: The Court held that the termination order was violative of Section 20 of the RPwD Act, 2016, and accordingly set it aside. 
• On relief granted: The Court held that the petitioner was entitled to all benefits under Section 20 of the Act, and directed the State to consider him deemed to be in service and to reinstate him with immediate effect. 

What is Section 20 of the Rights of Persons with Disabilities Act, 2016? 

About the Act: 

• The Rights of Persons with Disabilities Act, 2016 was enacted on 27th December 2016, replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. 
• The Act came into force on 19th April 2017, marking a shift toward a rights-based framework for persons with disabilities (PwDs) in India. 
• It expands the scope of recognised disabilities from 7 categories under the 1995 Act to 21 conditions, covering physical, intellectual, mental, and sensory impairments. 
• The Act mandates reservation of seats and positions for persons with disabilities in educational institutions and government establishments, ensuring access to education and employment. 
• It emphasises the creation of barrier-free environments in public spaces, transportation, and information and communication technologies to enable greater accessibility. 
• The Act obligates the appropriate Government to formulate schemes and programmes for the social security, healthcare, and rehabilitation of persons with disabilities. 
• It mandates the formulation of guidelines and standards for public buildings to ensure universal accessibility. 

Section 20 – Non-Discrimination in Employment: 

• Section 20(1) provides that no Government establishment shall discriminate against any person with disability in any matter relating to employment, though the appropriate Government may, by notification and subject to conditions, exempt any establishment from this provision having regard to the type of work carried on. 
• Section 20(2) casts an obligation on every Government establishment to provide reasonable accommodation and an appropriate barrier-free and conducive environment to employees with disability. 
• Section 20(3) provides that no promotion shall be denied to a person merely on the ground of disability. 
• Section 20(4) provides that no Government establishment shall dispense with or reduce in rank an employee who acquires a disability during service. 
• The first proviso to Section 20(4) provides that if an employee, after acquiring a disability, is not suitable for the post he was holding, he shall be shifted to another post with the same pay scale and service benefits. 
• The second proviso to Section 20(4) provides that if it is not possible to adjust the employee against any post, he shall be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. 
• Section 20(5) empowers the appropriate Government to frame policies for the posting and transfer of employees with disabilities.