NAKUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who is an Orthopaedically disabled employee of the government of Haryana, has filed the present petition seeking quashing of Clause (iii) of Sub rule 1 of Rule 22 of the Haryana Civil Services (Allowances to Government Employees) Rules, 2016, and for setting aside the Memo dtd. 30/4/2024 (Annexure P-7), whereby his claim for grant of conveyance allowance, has been rejected. Further prayer has been made for directing the respondents to make the Rule compliant with the "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" (in short 'the Act of 1995') and to grant the petitioner special conveyance allowance, admissible to handicapped persons from the date when he suffered the disability, along with interest @ 9% per annum.

(2.) The case set up by the petitioner is that he joined the respondent-department, i.e. P.W.D. (B. & R.) on 10/3/1993 on daily wages as Beldar. His services were regularized w.e.f. 1/10/2003 and he was promoted as Work Supervisor on 1/7/2015. He was suffering from locomotor disability to the extent of 40% at the time of joining his service, as would be evident from the Medical Certificate dtd. 16/2/1993 (Annexure P-1).

(3.) It is claimed that while conveyance allowance was paid to similarly situated disabled employees, in accordance with the policies framed by the State from time to time, the petitioner was denied the said benefit, in a discriminatory manner.