85% disabled, in coma: Rajasthan High Court says missing FIR can’t stop benefits to injured cop, orders release of 4-year pay

The accident

• The wife of constable Narendra Singh Sisodia claimed that on August 22, 2021, while he was on duty, Sisodia met with an accident in which the tyre of his motorcycle burst. He suffered severe injuries and went into a coma.
• The wife put forward a letter by the station house officer of the police station where Sisodia was posted, which confirmed that at the time of the accident, her husband was on duty.

Justice Anand Sharma directed the authorities to continue paying the constable’s regular salary as per the entitlement.

‘On duty accident, 85% disability’

• The wife also placed on record a letter of October 2023 issued by the deputy commissioner of police, which makes it clear that her husband was treated as ‘on duty’ at the time of the accident.
• The unique disability ID issued by the competent authority was also placed on record to establish that the husband of the petitioner has been suffering 85 per cent disability.
• The high court directed the authority concerned to issue necessary orders for granting special disability leave to the husband of the petitioner.

• The court also directed the release of the salary of the constable due from August 2021 till this date and to continue paying the regular salary as per his entitlement.
• The Rajasthan High Court also directed the authorities to take the necessary action within 30 days of this order.

Submission by parties

• Appearing for the petitioner, advocate Laxmi Kant Malpura argued that the husband of the petitioner has still not come out of a coma and the medical experts have assessed his disability at 85 per cent.
• Malpura relied upon the letters issued by the station house officer of the police station where the petitioner’s husband was posted, as well as the letter given by the deputy commissioner of police, who confirmed that at the time of the accident, her husband was on duty.
• He also emphasised Rule 99 of Rajasthan Service Rules, 1951 and submitted that under such special circumstances, where disability has occurred while the government servant was on duty, he is entitled to special disability leave.
• He also referred to Section 20(4) of the Rights of Persons with Disability Act, 2016, which protects a government employee from any adverse action on account of suffering disability during his service, as well as to protect his rights and benefits.
• Additional advocate general Bhuwnesh Sharma opposed the petition and stated that because no FIR was lodged about the alleged incident, special disability leave cannot be granted to the petitioner’s husband until and unless it is proved that he was on duty at the time of the accident.