Bijender Singh v. Haryana Vidyut Prasaran Nigam Limited And Others
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CWP-12356-2024 titled as Nakul Vs. State of Haryana and others decided on 24.12.2025.
3.
Learned counsel for the respondent-Nigam submits that the claim of the petitioner was rejected after seeking an opinion from the Director, Medical Services. It is submitted that the disability of the petitioner is confined only to the right lower limb and, therefore, he is not entitled to medical allowance in terms of the Haryana Civil Services (Allowances to Government Employees) Rules, 2016 (hereinafter referred to as the '2016 Rules'). 4.
Having heard learned counsel for the parties and after perusal of the record with their able assistance, it transpires that the disabled employees in accordance with the 2016 Rules are entitled to conveyance allowance. The relevant rules providing for grant of conveyance allowance to differently abled Government employees are reproduced as under:- "2. "conveyance allowance" means a monthly allowance paid for going to and coming from the place of duty;
4. "emoluments" for the purpose of─ (a) conveyance allowance to differently abled employees means― (i) basic pay in pay scale; and
$'$ (ii) any other amount specially classed as emoluments for the purpose by the competent authority;
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 Orthopedics Department of a Government Civil Hospital;
shall subject to the provisions in these rules, be entitled to a conveyance allowance at the rate of 10 per cent of the 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.
$)$ Note.- For the purpose of assessing of disability, the standards as contained in the Manual for Orthopedic Surgeon in Evaluating Permanent Physical Impairment brought out by the American Academy of Orthopaedic Surgeon U.S.A., and published on their behalf by Artificial Limbs Manufacturing Corporation of India, G.T. Road, Kanpur, shall apply.
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.
(iv) The period spent to obtain medical examination and also for journey performed for the purpose shall be treated as duty." ,$
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& . 2016 Rules and issued a direction to pay the allowance along with interest @ 8% per annum within a period of three months.
8.
In view of the above, the present petition is allowed in terms of the judgment rendered by the Division Bench of this Court in '()
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