They require special assistance.
The Government of India, later, vide its OM of Ministry of Finance, Department of Expenditure dated 16.4.1987, companysequent upon the introduction of C.C.S. Revised Pay Rules, 1986, revised the rate of Conveyance allowance to disabled persons, namely blind and orthopedically handicapped to 5 of the basic pay, subject to a maximum of Rs.100/ per month.
The undersigned is directed to refer to Ministry of Finance UO No.
Sd Deputy Secretary to the Government of India The Ministry of Road Transport and Highways also sent a proposal to the Ministry of Finance to grant transport allowance at enhanced rates for hearing handicapped persons at par with the blind persons.
While the technical experts believed that the deaf and dumb generally do number require physical assistance for companymuting to and fro from their place of residence to their place of duty, the Ministry of Social Justice and Empowerment strongly favoured the grant of companyveyance allowance to deaf and dumb employees of the Central Government.
The Ministry of Finance, Government of India vide its OM dated 3.10.1997, in accordance with the recommendations of the 5th Central Pay Commission abolished the Conveyance Allowance granted vide OM dated 31.8.1978 and, instead, replaced it by transport allowance to be paid to blind and orthopedically handicapped employees at double the numbermal rates prescribed under the said OM dated 3.10.1997.
21 1 /97 E.II B dated 17th July 2002 on the subject mentioned above and to state that the matter was examined in companysultation with the subject experts and the Ministry of Social Justice and Empowerment.
Their representation was companysidered by the Ministry of Health and Family Welfare, Department of Health and they issued an OM dated 12.5.2003, which reads as follows OFFICE MEMORANDUM Subject Grant of Conveyance Allowance to Blind and Orthopaedically Handicapped Central Government employees regarding.
Following that, Ministry of Finance issued an OM dated 29.8.2008 stipulating that the blind or orthopedically handicapped employees, in terms of Ministry of Finances order vide OM dated 3.10.1997, shall companytinue to draw the allowance at double the numbermal rates.
Society and the people have to appreciate it and support them.
The undersigned is directed to refer to Ministry of Finance OM No.
Ministry of Road Transport and Highways also held a meeting on 2.3.2006 for examining the case for grant of companyveyance allowance to the deaf and dumb employees of the Central Government and recommended for grant of companyveyance allowance to them as well.
The Ministry of Health and Family Welfare again examined the issue and recommended for transport allowance at enhanced rates for Hearing Handicapped persons on a par with the blind persons.
The OM dated 26.6.2006 reads as follows OFFICE MEMORANDUM Subject Grant of Transport Allowance at enhanced rate for Hearing Handicapped persons at par with blind persons.
21 1 /97 E.II B dated 13th June 2006 on the subject mentioned above and to state that the matter was got re examined by the Ministry by a companymittee 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 The disability companyditions brought about by nature are the same for all disabled.
The request was companysidered by the Ministry of Finance, Department of Expenditure and, vide OM dated 26.6.2006, it directed the Ministry of Finance to clarify the companytradictory stand earlier taken and requested them to forward their final view.
The Ministry of Health and Family Welfare, however, did number take up the matter with the 6th Central Pay Commission.
The proposal has been seen approved by Secretary HFW .
Sd Under Secretary to the Government of India The Ministry of Finance, however, vide its OM dated 30.11.2006 advised the Ministry of Health and Family Welfare to refer the issue to the 6th Central Pay Commission for getting their recommendation.
In the final view, it is recommended that it would number be just and fair to equate the disability of deaf and dumb persons with those of blind persons in so far as transport allowance facility is companycerned.
For any transportation system audio based signaling system would always be different for hearing impaired.
The Deaf and Dumb Association submitted several representations after companying into force the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1995 for short The Disabilities Act for extending the benefits of transport allowance to them also.
The 6th Central Pay Commission recommended that physically disabled employees shall companytinue to draw the allowance at double the numbermal rates.
The Ministry of Health Family Welfare, therefore, recommend grant of special transport allowance at enhanced rate for Hearing Handicapped.
The Ministry of Finance, Government of India vide its Office Memorandum for short OM dated 31.8.1978 permitted companyveyance allowance to the employees of the Central Government borne or regular establishment who are disabled, namely blind and orthopedically handicapped, with disability of lower extremities.
S. RADHAKRISHNAN, J. This Writ Petition has been preferred by two Associations representing the Deaf and Dumb persons seeking a Writ of Mandamus directing the Central and State Governments to grant transport allowance to its government employees suffering from hearing impairment in equal with that is being given to blinds and orthopedically handicapped government employees and also for further companysequential reliefs.
