Dinesh Kumar And ANR. v. State Of Haryana And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1793-2018 (O&M) Date of decision: 01.02.2023 Dinesh Kumar and another

...Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Sandeep Verma, Advocate for the petitioners. Ms. Tanushree Gupta, DAG Haryana.

**** HARNARESH SINGH GILL, J. (ORAL) Prayer in the present petition is for issuance of a writ in the nature of mandamus directing the respondents to grant the arrears of benefit of Handicapped Allowance along with interest, to the petitioners from the date of their appointment.

Learned counsel for the petitioners submits that the petitioners were appointed on the posts of Junior Basic Training (JBT) Teacher on 24.12.2004 in General Category as there was no post in the Handicapped Category; that the petitioners joined their duties on 24.12.2004; that the petitioners are handicapped persons since their birth; that petitioner No.1 is 40% disable with post-Polio mild to moderate weakness of left leg and inability to walk properly and that petitioner No.2 is also 40% disable with deformation of left thigh and right leg with flat foot with muscle weakness of both legs. He draws the attention of this Court towards Notification dated


 19.07.2016 issued by the Government of Haryana regarding conveyance allowance to blind and orthopedically handicapped Government employees. The relevant part of the Notification, would read as under:- "

 

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  Learned counsel for the petitioners further submits that vide communication dated 02.05.2017 (Annexure P-10), respondent No. 4-District Elementary Education Officer, Mewat at Nuh, had accorded sanction to grant of conveyance allowance @ 10% of the basic pay subject to a maximum of Rs. 2000/- per month to petitioner No.1 as per the terms and conditions of Haryana Finance Department letter dated 16.08.2011; that petitioner Nos. 1 and 2 have been given handicapped allowance since September-2017 and 01.01.2014 respectively; that thereafter, the petitioners submitted a representation to respondent No.3 on 25.10.2017 (Annexure P-9) regarding release of arrears of handicapped allowance to them since the date of their initial appointment with interest and had also attached their disability certificates issued by the competent authority, but till date no action has been taken on their representation.

Learned State counsel submits that as per the written statement dated 26.11.2018 filed on behalf of respondent Nos. 1 to 5, there is no seriousness defined in the disabilities certificates by the Medical Board and the same has been defined up to 40% only. She further submits that in the present case, due procedure has not been followed by the petitioners i.e. they did not forward any document(s) in support of their claim, fulfilling the terms and conditions of letter dated 10.09.1982.

I have heard the learned counsel for the parties and have also gone through the case file.

Admittedly, the petitioners were appointed as JBT Teachers in General Category and they joined as such in the year 2004 and not in the handicapped category and as per Notification dated 19.07.2016 issued by the

2 Government of Haryana, 

  



             

   

     

 



    

 

    



    

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 (HARNARESH SINGH GILL) JUDGE 01.02.2023 Mangal Singh Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No