LAXMIKANT VIJAYVARGIA Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) THE petitioner, an orthopedically handicapped person with 50% disability of lower limbs, who is an employee of Bharat Heavy Electricals Limited (BHEL), the respondent No.1 herein, has prayed to command the employer to pay transport allowance as per the Government of India, Ministry of Finance order dated 3.10.1997. Quite apart from the said prayer, a relief is also sought to direct the Union of India, Ministry of Heavy Industries and Public Enterprises to amend its order dated 5.9.2003 so that the provisions regarding transport allowance payable to eligible disabled employees governed by Government of India, Ministry of Finance Order No.21(1)/97/E.II (B) of 3.10.1997, as amended, are extended with no additional restrictions to the eligible disabled persons of Public Sector Undertakings including the first respondent with retrospective effect from 1.8.1997; and further to command the employer to increase the reimbursement of conveyance expenditure payable to petitioner and other eligible disabled employees to twice the normal limits specified in the Rules under respondent No.1s scheme for the eligible employees for owning and maintaining a vehicle for official duties and to extend the said benefit with retrospective effect from the date of joining of the disabled employee or from the date of inception of the said scheme.

(2.) AS set forth in the petition, the petitioner joined the respondent company in May, 2002 and has been posted at the Companys unit at Bhopal. The said unit employs more than 70 disabled persons in posts ranging from Peon to Additional General Manager.

(3.) IT is put forth that though the petitioner is orthopaedically handicapped person with 50% disability of the lower limbs, as is reflectible from the certificate contained in Annexure P5, yet he was not paid the Transport Allowance for commuting between the residence and place of work but was paid Rs.100/- per month towards Conveyance Allowance according to Rules framed by the respondent No.1. The reimbursement of conveyance expenditure was paid to the petitioner for ownership and maintenance of a vehicle for official duties separately by the respondent No.1. The petitioner made several representations during the year 2002-03 to the employer to pay him Transport Allowance in accordance with Government of India, Ministry of Finance order dated 3.10.1997 but the said representations have fallen on deaf ears.