Central Administrative Tribunal - DelhiMohd Iqbal vs Govt. Of Nctd on 30 November, 2017Central Administrative Tribunal
               Principal Bench, New Delhi
                                T.A.No.1/2017

                                Thursday, this the 30th day of November 2017

           Hon'ble Mr. K.N. Shrivastava, Member (A)

Mohd. Iqbal s/o Valaghat
Aged about 50 years
r/o H.No.240 Gali No.5
Jogabai, Ext. Jamia Nagar
New Delhi - 110 025
                                                                 ..Applicant
(Applicant in person)

                                    Versus

1.   GNCTD
     Through, Director of Education
     Old Secretariat of Delhi
     Delhi

2.   Chief Secretary
     Department of Education
     Old Secretariat, Delhi
                                                              ..Respondents
(Mr. Vijay Pandita, Advocate)

                            O R D E R (ORAL)The Hon'ble Supreme Court inDeaf Employees Welfare

Association & another v. Union of India & others(W.P. (C)

No.107/2011) decided on 12.12.2013 has held that the deaf and dumb

persons are also eligible for grant of transport allowance on par with blinds

and orthopedically handicapped employees. The applicant is suffering with

hearing impairment and in view of the aforesaid judgment, he has become

eligible for receiving the transport allowance, which is double of the normal

transport allowance.22.    Mr. Vijay Pandita, learned counsel for respondents placed on record

an order dated 13.11.2017 issued by the Deputy Director of Education,

South-East District, New Delhi sanctioning the transport allowance at

double the normal rates to the applicant. The order, however, stipulates

that such transport allowance would become payable to the applicant after

he submits medical certificate in conformity with the rules of conditions

laid down for said eligibility as per O.M. dated 17.01.2017. The applicant

submits that he has already submitted the requisite certificate dated

27.11.2017. Mr. Pandita acknowledges that such a certificate has indeed

been received by the respondents. Hence, the order dated 13.11.2017

becomes operational.3.    The applicant claims that he had become entitled for grant of

transport allowance from September 2008 and that he is eligible for

receiving transport allowance from September 2008 to January 2014. He,

however, acknowledges that he has received transport allowance from

February 2014 to October 2016. Pertinent to note that the eligibility of deaf

and dumb persons for transport allowance got established only after the

judgment of the Hon'ble Apex Court dated 12.12.2013 (supra).4.    In this view of the matter, taking cognizance of the fact that the

applicant has already been paid transport allowance from February 2014 to

October 2016, I am of the view that the applicant must be granted transport

allowance from November 2016 and hence, he is eligible for any arrear on

this count.35.    In view of the factual position noted in the pre-paragraphs, this T.A.

is disposed of in the following terms:-(a)   The respondents shall pay arrears of transport allowance as per

eligibility of the applicant from November 2016.(b)   The respondents shall pay regular transport allowance to the

applicant in terms of the order dated 13.11.2017 hereafter.(c)   The applicant shall not be entitled for any interest on the arrears of

transport allowance.No order as to costs.( K.N. Shrivastava )
                                  Member (A)
November 30, 2017
/sunil/