JUDGMENT

G.S. Sandhawalia, J. (Oral)

In the present appeal consideration is to the order of learned Single Judge, passed in CWP-1793-2018 decided on 01.02.2023. Learned Single Judge while disposing of the writ petition held that there was no recommendation from the Head of the Department supported with the report of the duly constituted Medical Board for the claim of conveyance allowance since the appellants were agitating for the same from the date of their appointment. Resultantly, the writ petition was dismissed.

2. Apparently, the appellants were seeking arrears of the benefit of Handicapped Allowance from the date of their appointment along with interest. It is not disputed that representation dated 25.10.2017 (Annexure P-9) was also filed which was pending with the authorities as such. It is also a matter of record which was even noticed by the learned Single Judge that as per the Haryana Civil Services (Allowances to Government Employees) Rule, 2016 there is a procedure under Rule 22 for grant of Conveyance Allowance at the rate of 10 per cent of basic pay subject to minimum Rs. 1,000/- and maximum Rs. 2,000/- per month. As per Rule 23, the Head of the Department is to refer the case of the concerned Government employee which in the present would be the Orthopaedics Department. As admittedly, even as per the stand of the State, they are suffering from 40 % disability.

3. Rule 22 & 23 of Haryana Civil Services (Allowances to Government Employees) Rule, 2016 reads as under:-

"22. Conveyance allowance to blind and orthopaedically handicapped Government employees.-

(1) A Government employee working on regular basis, who is declared ?

(i) blind or having vision less than 3/60 of field vision less than 10 in both eyes by the Head of Ophthalmological Department of a Government Civil Hospital; or

(ii) orthopaedically handicapped with a minimum of 40% permanent partial disability of either upper or lower limbs by the Head of Orthopaedics Department of a Government Civil Hospital; or

(iii) orthopaedically handicapped with overall minimum 50% permanent partial disability of both upper and lower limbs together by the Head of Orthopaedics Department of a Government Civil Hospital; or

(iv) suffering from the spinal deformity causing permanent partial disability of above 40% by the Head of Orthopaedics Department of a Government Civil Hospital; shall, subject to provisions in these rules, be entitled to a conveyance allowance at the rate of 10 per cent of basic pay subject to minimum Rs. 1,000/- and maximum Rs. 2,000/- per month or as prescribed from time to time. The dearness allowance at the prevailing rate shall also be admissible on conveyance allowance.

(2) No conveyance allowance shall be admissible to-

(i) one eyed (partially blind) Government employee; or

(ii) those who covered under these rules but have been provided with the facility of vehicle at Government expenses for journey between office and residence.

23. Competent authority and procedure for grant of conveyance allowance to blind and orthopaedically handicapped Government employees.-

(i) The Head of Department concerned shall refer the case of the concerned Government employee to the Head of Opthalmological or Orthopaedics Department, as the case may be, of a Government Civil Hospital for obtaining their recommendations for the grant of conveyance allowance. In case he is declared blind or orthopaedically handicapped of the prescribed degree of disability, he shall be granted conveyance allowance with effect from the date of certificate of the appropriate medical authority.

(ii) The travelling allowance shall be admissible to the Government employee for the journey performed for obtaining recommendations of the appropriate medical authority.

(iii) The fee charge