A police constable in Rajasthan was appointed through a regular recruitment process but was still on probation when he met with an accident during service. The accident left him with 100% disability. The State terminated his services — reasoning that since he was a probationer, he did not have the protection of a confirmed employee. The Rajasthan High Court has firmly rejected this reasoning.

What the High Court Held

A probationary government employee who acquires a disability during service is entitled to protection under Section 20 of the Rights of Persons with Disabilities Act (RPwD Act), 2016. The Act's protection is not conditional on confirmation in service. A probationer appointed through a regular recruitment process is an "employee" within the meaning of the Act and cannot be terminated merely because the disability arose during probation.

The Court granted relief to the constable and set aside the termination order.

What Section 20 of the RPwD Act Protects

Section 20 of the Rights of Persons with Disabilities Act, 2016 provides that no government employee shall be dismissed or removed from service merely on the ground of disability. Where an employee acquires a disability during service, the employer — whether Central or State Government — is required to make reasonable accommodations to enable the employee to continue in service. Termination on the ground of acquired disability is prohibited.

A Rajasthan-Specific Ruling

This ruling from the Hon'ble Rajasthan High Court is directly applicable to all government employees in Rajasthan — including those in the police, revenue department, state services, and local bodies — who acquire disabilities during their service, regardless of whether they are confirmed or on probation. The protection under the RPwD Act 2016 extends to all such employees.

What This Means for Government Employees in Rajasthan

✅

If you are a probationary government employee in Rajasthan who has acquired a disability during service and has been threatened with or served a termination order — you have the protection of the RPwD Act 2016. The termination can be challenged before the Rajasthan High Court.

✅

The employer's obligation upon an employee acquiring disability is not just to retain them — it is also to make reasonable accommodations, including change of posting to a role suitable for the employee's disability if required.

✅

For employees outside Rajasthan, the same principle applies nationally — Section 20 of the RPwD Act 2016 is a Central Act that applies to all Central and State Government employees across India.

Case Reference
Sanjay Choudhary v. The State of Rajasthan & Ors. | Hon'ble Justice Rekha Borana | August 2026 | Hon'ble Rajasthan High Court

Frequently Asked Questions

Questions people commonly search on this topic

Can a probationary government employee be terminated for disability in India? +
No. The Rights of Persons with Disabilities Act, 2016 protects all government employees — including probationers — from termination on the ground of disability. The Rajasthan High Court specifically held that a probationer who acquires disability during service cannot be terminated merely on the ground that they are on probation.
What does Section 20 of the RPwD Act 2016 provide? +
Section 20 of the Rights of Persons with Disabilities Act, 2016 prohibits government employers from dismissing or removing any employee merely on the ground of disability. Where a government employee acquires a disability during service, the employer must make reasonable accommodations to enable the employee to continue in service.
Does the RPwD Act apply to state government employees in Rajasthan? +
Yes. The Rights of Persons with Disabilities Act, 2016 is a Central Act that applies to both Central and State Government employees. The Rajasthan High Court confirmed its application to Rajasthan State Government employees, including probationers in the police service.
How can a government employee in Rajasthan challenge disability-based termination? +
File a writ petition before the Hon'ble Rajasthan High Court under Article 226 of the Constitution, challenging the termination order as violative of Section 20 of the RPwD Act 2016. Interim relief in the form of a stay of termination and continuation in service can also be sought.