JUDGMENT S. N. Pathak, J. - Heard learned counsel for the parties. 2. The petitioners are handicapped employees posted as Assistant Teachers in different Primary/ Middle Schools situated in the District of Giridih, Jharkhand. They have knocked door of this Court with a prayer for quashing of Memo No. 395, dated 16.02.2013, so far it relates to payment of Transport Allowance on double rate to the physically handicapped employees posted in particular district/ town such as Ranchi, Jamshedpur and Dhanbad only in Jharkhand State and for further direction to the respondents particularly the respondent no. 2 to come out with a clear-cut provision for the payment of the Transport Allowance on double rate to all the physically handicapped employees likewise the petitioners of Jharkhand State without any discrimination of being posted in a particular district/ town. Further prayer has been made for a direction upon the respondents to make payment of Transport Allowance on double rate to physically handicapped employees likewise the petitioners with effect from 16.02.2013 with all consequential benefits such as arrears of salary etc. 3. It is case of the petitioners that the vide letter no. 7663, dated 30.10.2000, issued by the Finance Department, Government of Bihar, Patna and published in the Jharkhand Service Code, 2001 also, it has been provided that the Blind and Physically handicapped employees will be granted the Transport Allowance on double rate than what is being paid to other employees. After implementation of the recommendation of the 6th Pay Revision Commission, the handicapped employees of the Central Government have been allowed to draw the Transport Allowance double to the normal rate, which is admissible to the other employees, as would be evident from the relevant portion of the recommendations as published in the Gazette of India: Extraordinary, Part-I, Sec. 1, dated 29.08.2008. Thereafter, vide Govt. of India Resolution No. 21(2)/2008-E-II(B), dated 29.08.2008, issued by the Ministry of Finance, Department of Expenditure, issued under the signature of Joint Secretary to the Govt. of India, a direction was issued that the blind or orthopedically handicapped employees shall continue to draw the Transport allowance at double the normal rate and the same shall remain unchanged. Thereafter, vide Govt. of India Resolution No. 21(2)/2008-E-II(B), dated 29.08.2008, issued by the Ministry of Finance, Department of Expenditure, issued under the signature of Joint Secretary to the Govt. of India, a direction was issued that the blind or orthopedically handicapped employees shall continue to draw the Transport allowance at double the normal rate and the same shall remain unchanged. Pursuant thereto, the Government of Jharkhand also agreed to grant Central Pay and other allowances with Central Service Condition to its employees and as such, vide Resolution No. 2687/F., Dated 15.09.2008, constituted a Fitment Committee for giving recommendations with regard to Central Pay SCALE on the line of the Government of India in respect of the State Government employees. The Fitment committee for Jharkhand State Services also recommended that the physically disabled employees shall continue to draw the Transport Allowance at double the normal rates. It was further recommended that the Transport Allowance in the case of Physically disable employees shall, in no case, be less than Rs. 1,000/- per month plus the applicable rate of dearness allowance. The said recommendation of the Fitment Committee for Jharkhand State Services was accepted by the State of Jharkhand and vide Govt. letter dated 28.02.2009, decision has been taken to provide the benefits of Central Revised Pay SCALE as per the 6th Pay Commission to the employees of Jharkhand State with effect from 01.01.2006. 4. The grievance of the petitioners is that even after implementation of 6th Pay Commission also as per the Govt. Letter No. 660, dated 28.02.2009, issued by the Finance Department, Jharkhand, Ranchi, the petitioners have been verbally intimated by the office of the respondent no. 4 that in the 6th Pay Commission, the provision of payment of conveyance allowance to the Physically Handicapped employees at the rate twice the normal rate payable to the other employees, has been abolished/ modified and as such, the payment of Double Transport Allowance to the Physically Handicapped employees of the State of Jharkhand has been stopped. Petitioners have come to know that in view of order passed in the case of Pawan Kumar Singh and Others in W.P.(S) No. 6011 of 2011, the Secretary, Finance Department, Government of Jharkhand has come out with a resolution bearing Memo No. 395, dated 16.02.2013 to the effect that the Blind and Physically disabled employees will draw the Transport Allowance at double the normal rates. However, the petitioners have been verbally intimated by the District Superintendent of Education, Giridih that in view of Para-4(Ka), the Blind and Physically disabled employees posted in Ranchi, Jamshedpur and Dhanbad Town only have been allowed to be paid the Transport Allowance at double the normal rates and the said facility has not been provided for the Blind and Physically disabled employees posted in other districts of Jharkhand State and as such, petitioners are not entitled for the same. Since petitioners have been deprived from the allowances admissible to the handicapped employees, they have knocked door of this Court. 5. Mr. Anjani Kumar Verma, learned counsel appearing on behalf of the petitioner submits that similarly situated employee Pawan Kumar Singh and Others of Hon''ble High Court of Jharkhand moved before this Court in W.P.(S) No. 6011 of 2011 which was disposed of on 09.01.2012 and pursuant to said direction, the Secretary, Finance Department, Government of Jharkhand came out with a resolution bearing Memo No. 395, dated 16.02.2013 to the effect that the Blind and Physically disabled employees will draw the Transport Allowance at double the normal rates. The petitioners could not have been discriminated merely because they are not posted within the district of Ranchi, Jamshedpur and Dhanbad. Learned counsel further submits that the payment of Transport Allowance at double the normal rates to the Blind and Physically disabled employees cannot be discriminated merely on the basis of their posting in a particular district as per the constitutional mandate as well as settled principles of law. Learned counsel further submits that the State of Jharkhand has already accepted the report of the Fitment Committee as well as Resolution of the Central Government dated 29.08.2008 which does not make such discrimination. Learned counsel submits that it is a fit case for quashing the Memo No. 395, dated 16.02.2013 and directing the respondents to come out with a clear cut provision for payment of Transport Allowance on double rate to all the physically handicapped employees likewise the petitioners of State of Jharkhand without any discrimination of being posted in a particular district/ town. 6. Ac to learned SC-V submits that counter affidavit has not been filed. He however submits that a direction may be passed for considering case of the petitioner in light of decision taken in the similarly situated persons. 7. 6. Ac to learned SC-V submits that counter affidavit has not been filed. He however submits that a direction may be passed for considering case of the petitioner in light of decision taken in the similarly situated persons. 7. I have heard counsel for the parties and perused the record. In the case of Deaf Employees Welfare Assn. v. Union of India , (2014) 3 SCC 173 at para-6 thereof, the OM dated 26-6-2006 has been quoted which reads as follows: "OFFICE MEMORANDUM Subject: Grant of transport allowance at enhanced rate for hearing handicapped persons on a par with blind persons. The undersigned is directed to refer to Ministry of Finance OM No. 21(1)/97-E.II(B) dated 13-6-2006 on the subject mentioned above and to state that the matter was got re-examined by the Ministry by a committee of specialists in the area, which recommended the grant of special transport allowance at enhanced rate to hearing impaired personnel in view of the following reasons: (1) The disability conditions brought about by nature are the same for all disabled. Society and the people have to appreciate it and support them. (2) For any transportation system audio based signalling system would always be different for hearing impaired. They require special assistance. The Ministry of Health and Family Welfare, therefore, recommend grant of special transport allowance at enhanced rate for hearing handicapped persons. The proposal has been seen and approved by the Secretary (H&FW)." In view of facts narrated hereinabove and in view of decision rendered in the case of Pawan Kumar Singh, I find this writ petition fit to be allowed. 8. As a cumulative effect of the aforesaid facts and circumstances, judicial pronouncements as well as the legal proposition, the impugned Memo No. 395, dated 16.02.2013, so far it relates to payment of Transport Allowance on double rate to the physically handicapped employees posted in particular district/ town such as Ranchi, Jamshedpur and Dhanbad only in Jharkhand State, is hereby quashed and set aside. The respondents are further directed to come out with a clear-cut provision for the payment of the Transport Allowance on double rate to all the physically handicapped employees likewise the petitioners of Jharkhand State without any discrimination of being posted in a particular district/ town and further pay them all consequential benefits such as arrears etc.