Mrs. Daya Chaudhary, J.:- C.M. No. 14512 of 2016

This application has been filed for placing on record replication along with Annexures P-13 to P-16.

Application is allowed and replication along with Annexures P- 13 to P-16 is taken on record.

C.W.P. No. 21126 of 2015

1. The prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to grant benefit of transport (conveyance allowance) to the petitioner in view of instructions/letters issued by State Government from time to time.

2. Briefly the facts of the case as made out in the present petition are that the petitioner is a physically handicapped person to the tune of 86% and falls in the category of deaf and dumb. He is working as Centre Head Teacher at G.P.S. Kaller Khera, Block Khuian Sarwar, District Fazilka. The petitioner is claiming conveyance allowance as admissible to blind and physically handicapped employees. On 9.1.2014, he moved a representation to the department through proper channel to grant the benefit of transport (conveyance allowance) as granted to other physically handicapped employees and in response thereto, a letter dated 30.1.2014 was issued by the District Education Officer (EE), Fazilka to the Director Public Instructions (EE), Punjab stating therein that a direction may be issued to release the physically handicapped allowance in favour of the petitioner. Thereafter in response to letter dated 30.1.2014, Director Public Instructions (EE), Punjab issued a letter dated 25.3.2014 to District Education Officer, Fazilka with a direction that the medical certificate in original be verified from the Civil Surgeon and thereafter the case be sent back. In view of direction issued by Director Public Instructions (EE), Punjab, the certificate of the petitioner was sent to the Civil Surgeon, Ferozepur for verification and the same was found to be genuine one. Thereafter the case of the petitioner was sent to higher authorities for consideration. A letter dated 12.8.2014 was issued by the office of Director Public Instruction (EE), Punjab to the Chief Secretary, Punjab Government seeking clarification as to whether the petitioner is entitled for the benefit or not. In response to said letter, the Punjab Government issued letter dated 30.10.2014 to the office of Director Public Instructions (EE), Punjab stating therein that the case of the petitioner be disposed of in the light of present rules and instructions. The petitioner again submitted a representation to the respondents on 18.2.2015 to grant him the benefit of transport (conveyance allowance) as granted to other physically handicapped employees but no action was taken thereupon. When no action was taken by the respondents, the present petition has been filed for issuing directions to the respondents to grant benefit of transport (conveyance allowance) to the petitioner as granted to other physically handicapped employees.

3. Learned counsel for the petitioner contends that the petitioner is eligible and entitled for the release of transport (conveyance allowance) as granted to other physically handicapped employees but the same has not been granted to him rendering the action of the respondents violative of Articles 14 and 16 of the Constitution of India.

4. In response to notice of motion, reply on behalf of respondent- State has been filed and the same is on record.

5. Learned counsel for the respondent-State submits that the petitioner being deaf and dumb is not entitled for conveyance allowance as instructions dated 15.6.1982 relates to blind and orthopedically handicapped employees of State of Punjab and the claim of the petitioner is not covered under said instructions. Learned counsel further submits that there is neither any instruction nor any policy of the State Government under which the claim of the petitioner can be considered.

6. Heard the arguments advanced by learned counsel for the parties and have also gone through the documents