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Item No.45

Court- I 1

OA 197/2025

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

O.A. No. 197/2025

This the 4th day of February, 2026

Hon’ble Dr. Anand S Khati, Member (A)

Mr. Rajbir Singh,

(Aged 61 years)

S/o Sh. Narpat Singh,

Retd. Sr. Auditor,

O/o Director General of Audit Industry

& Corporate Affairs, IP Estate, New Delhi.

R/o H.No.152, Selampur, Selampur Jat,

Bulandshar (UP).

….Applicant

(By Advocate: Ms. Sonika for

Mr. Yogesh Sharma )

Versus

1. Union of India through

The Secretary,

Ministry of Heavy Industries,

Ministry of Micro, Small and Medium Enterprises,

Department of Chemicals and Petrochemicals,

Appropriation & Finance Accounts,

Govt. of India, Udyog Bhawan, New Delhi.

2. The Director General of Audit Industry,

and Corporate Affairs,

AGCR Building, IP Estate, New Delhi-110002.

3. The Principal Director of Audit Economic

& Service Ministries, AGCR Building,

IP Estate, New Delhi.

…Respondents

(By Advocate: Mr. Dhananjai Rana

Mr. S S Hooda )

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Item No.45

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OA 197/2025

ORDER (ORAL)

In continuation of the proceedings dated

06.10.2026, wherein the respondents were supposed to

clarify that the applicant is not covered under the OM dated

03.10.1997 (Annexure A-4) and is covered under the OM

dated 07.07.2017. A copy of the same is provided today by

the respondents’ counsel, which is not a part of the OM

dated 03.10.1997.

2. It is not a disputed fact that the applicant is a

handicapped person with disability as per the certificate

issued by Govt. of India, Dr. Ram Manohar Lohia Hospital,

New Delhi. The applicant is having locomotive disability in

the right upper limb and his disability has been assessed as

43%.

3. Learned counsel for the respondents has drawn

distinction O.M. of 1997 and 2017, highlighting para (vi) of

1997 O.M, which reads as follows:

“ (vi) In terms of this Ministry's orders vide OM

19029/1/78-E.IV(B) dated 31.8.78, as amended from

time to time, conveyance allowance is admissible to such

of the Central Government employees borne on regular

establishment (including work-charged staff) as are blind

or are ortho paedically handicapped with disability of

lower extremities. Consequent upon coming into force of

these orders, such conveyance allowance shall be

abolished and instead all such employees may now be

paid transport allowance at double the normal rates

prescribed under these orders. In case, however, such

handicapped employees have been provided with

Government accommodation within a distance of one

kilometer from the place of work or within a campus

housing the places of work and residence, the allowance

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Item No.45

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OA 197/2025

shall be admissible at normal rates as applicable under

these orders. The allowance shall not be admissible in

case such employees have been provided with the facility

of Government transport.”

And para 2 (iii) of 2017 O.M., which reads as follows:

“ (iii) Physically disabled employees as mentioned in DoE

O.M. No. 19029/1/78-E.IV(B) dated 31.08.1978 and

subsequent orders in respect of the categories viz.

visually impaired, orthopaedically handicapped, deaf

and dumb/hearing impaired, spinal deformity, shall

continue to be paid Transport Allowance at double the

normal rates, subject to fulfilment of the stipulated

conditions, which shall, in no case, be less than Rs.

2250/-p.m. plus applicable rates of Dearness

Allowance.”

4. Learned counsel for the respondents submits that the

respondents cannot pay double rate transport allowance

from the period of 2017 to 2021, i.e. the date of issuance of

OM to the date of actual payment of transport allowance, for

the reason that the applicant was made eligible by the RML

Medical Board only on 16.03.2021, which was a pre-

condition for the payment of double rate transport

allowance.

5. Learned counsel for the respondents has raised the

argument of limitation that after 12 hearings, considering

the impugned order which was issued in the year 2014, the

applicant has come with the OA in the year 2025.

6. Th