IMPORTANT POINT
Persons with disability cannot be discriminated on the basis of nature of the disability.

Judgment

K. S. RADHAKRISHNAN, J.

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 dated3.10.1997, in accordance with the recommendations of the 5th Central Pay Commission abolished the Conveyance Allowance granted vide OM dated31.8.1978 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.

4. The Deaf and Dumb Association submitted several representations after coming into force the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'The Disabilities Act") for extending the benefits of transport allowance to them also. Their representation was considered by the Ministry of Health and Family Welfare, Department of Health and they issued an OM dated12.5.2003, which reads as follows:

" OFFICE MEMORANDUM

Subject: Grant of Conveyance Allowance to Blind and Orthopedically Handicapped Central Government employees - regarding.

The undersigned is directed to refer to Ministry of Finance UO No. 21(1)/97-E.II(B) dated 17th July 2002 on the subject mentioned above and to state that the matter was examined in consultation with the subject experts and the Ministry of Social Justice and Empowerment. While the technical experts believed that the deaf and dumb generally do not require physical assistance for commuting to and fro from their place of residence to their place of duty, the Ministry of Social Justice and Empowerment strongly favoured the grant of conveyance allowance to deaf and dumb employees of the Central Government.

In the final view, it is recommended that it would not be just and fair to equate the disability of deaf and dumb persons with those of blind persons in so far as transport allowance/facility is concerned.

Sd/-

Deputy Secretary to the Government of India"

5. The Ministry of Road Transport and Highways also sent a proposal to the Ministry of Finance to grant transport allowance at enhanced rates for hearing handicapped persons at par with the blind persons. Ministry of Road Transport and Highways also held a meeting on 2.3.2006 for examining the case for grant of conveyance allowance to the deaf and dumb employees of the Central Government and recommended for grant of conveyance allowance to them as well. The request was considered by the Ministry of Finance, Department of Expenditure and, vide OM dated 26.6.2006, it directed the Ministry of Finance to clarify the contradictory stand earlier taken and requested them to forward their final view. The Ministry of Health and Family Welfare again examined the issue and recommended for transport allowance at enhanced rates for Hearing Handicapped persons on a par with the blind persons. The OM dated 26.6.2006 reads as follows:

" OFFICE MEMORANDUM

Subject: Grant of Transport Allowance at enhanced rate for Hearing Handicapped persons at par