(1.) Petitioner'S counsel submits that no rejoinder is required to be filed and this matter can be finally heard.
(2.) Petitioner is a differently-abled person, who is said to have retired as Senior Assistant Manager way back in the year 2012. The claim in this petition is regarding 5% additional transport subsidy for the period from 26th November, 2008 upto 30th April, 2012. Reference is made to Office Order of 9th April, 2010, which puts ceiling of 40% on the perquisites/allowances. Alongwith aforesaid Office Order of 9th April, 2010, petitioner has placed on record the format of perquisites/allowances and option form, which indicates that transport subsidy of 15 % is for general employees whereas for the physically impaired employees, there is an addition of 5% towards transport subsidy allowance.
(3.) Learned counsel for petitioner draws attention of this Court to Office Memorandum (hereinafter referred to as O.M.) of 26th November, 2008 of Government of India (Annexure P-2) to submit that the maximum ceiling for payment of such allowances is 50%. So, it is submitted that 5% extra for differently-abled employees ought to be granted over and above 40% of the basic pay, which petitioner is already getting.