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2023 DIGILAW 963 (PNJ)

Dinesh Kumar v. State of Haryana

2023-03-03

G.S.SANDHAWALIA, HARPREET KAUR JEEWAN

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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 ? 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 charged, if any, by the Government Hospital shall be reimbursable. (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 charged, if any, by the Government Hospital shall be reimbursable. (iv) The period spent to obtain medical examination and also for journey performed for the purpose shall be treated as duty." 4. Perusal of the Rule 23 would also go on to show that the grant of conveyance allowance is with effect from the date of certificate from the appropriate medical authority. 5. Prior to that there was a letter dated 10.09.1982, which also provides the admissibility of conveyance allowance on the recommendation of the Head of the Orthopaedics Department. The employees as such were to apply for the grant of the conveyance allowance to the Heads of the Department and it was the responsibility of the Head of the Department concerned to refer the cases of the concerned employees to the appropriate medical authorities for obtaining their recommendations. 6. The medical certificate of appellant No.1-Dinesh Kumar dated 07.07.2004 (Annexure P-2) was signed by the Member Board of General Hospital, Rewari. Similar certificate of appellant No.2-Ajay Kumar dated 29.01.1996 (Annexure P-4) which has also been appended was signed by the Civil Surgeon, Mahendergarh at Narnaul. It is needless to say that the representation was pending and therefore, there is a legal right to seek a writ of mandamus in view of the Rules itself. In such circumstances, we are of the considered view that the learned Single Judge should have examined the issue from this aspect instead of dismissing the writ petition. Rather it was the responsibility of the Head of the Department and the State to have taken a most sympathetic view, in lieu of the fact that the employees were handicapped to further the purpose of the whole conveyance allowance which is to be given to the handicapped employee rather than to force them to litigate and approach this Court. The writ petition thus be treated as a representation and the Head of the Department shall take necessary action and forward the case in view of the observations made. Let the said certificates (Annexure P-2 & Annexure P-4) be examined by the relevant Medical Board which is to be constituted in terms of Rule 23 so that the issue of the arrears can be examined accordingly. Let the said certificates (Annexure P-2 & Annexure P-4) be examined by the relevant Medical Board which is to be constituted in terms of Rule 23 so that the issue of the arrears can be examined accordingly. Needful be done within a period of three months from the receipt of the certified copy and the arrears be paid thereafter in case the writ petitioners are held admissible.