DEAF EMPLOYEES WELFARE ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been preferred by two Associations representing the Deaf and Dumb persons seeking a Writ of Mandamus directing the Central and State Governments to grant transport allowance to its government employees suffering from hearing impairment in equal with that is being given to blinds and orthopedically handicapped government employees and also for further consequential reliefs.

(2.) The Ministry of Finance, Government of India vide its Office Memorandum (for short 'OM') dated 31.8.1978 permitted conveyance allowance to the employees of the Central Government borne or regular establishment who are disabled, namely blind and orthopedically handicapped, with disability of lower extremities. The Government of India, later, vide its OM of Ministry of Finance, Department of Expenditure dated 16.4.1987, consequent upon the introduction of C.C.S. (Revised Pay) Rules, 1986, revised the rate of Conveyance allowance to disabled persons, namely blind and orthopedically handicapped to 5% of the basic pay, subject to a maximum of Rs.100/- per month.

(3.) The Ministry of Finance, Government of India vide its OM dated 3.10.1997, in accordance with the recommendations of the 5th Central Pay Commission abolished the Conveyance Allowance granted vide OM dated 31.8.1978 and, instead, replaced it by transport allowance to be paid to blind and orthopedically handicapped employees at double the normal rates prescribed under the said OM dated 3.10.1997.