Case Note & Summary
The Writ Petition was filed by two associations representing deaf and dumb persons, seeking a Writ of Mandamus for the grant of transport allowance equivalent to that provided to blind and orthopedically handicapped government employees. The Ministry of Finance had previously issued several Office Memorandums regarding conveyance and transport allowances for disabled employees, but consistently excluded the hearing impaired from these benefits. Despite recommendations from the Ministry of Health and Family Welfare to include deaf and dumb employees, the Ministry of Finance maintained that they did not require the same assistance as blind individuals. The court examined the provisions of the Persons with Disabilities Act, 1995, which recognizes hearing impairment as a disability and mandates equal treatment for all persons with disabilities. The court found that the travel challenges faced by hearing impaired individuals were significant and comparable to those faced by other disabled persons. It concluded that the Ministry of Finance's refusal to grant equal transport allowance was discriminatory and violated constitutional rights. The court directed the respondents to extend the transport allowance to deaf and dumb employees, ensuring equality and dignity for all persons with disabilities.
Headnote
A) Disability Rights - Transport Allowance - Equal Treatment for Disabled Employees - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Sections 2(i), 2(l) - The court held that the transport allowance should be granted to deaf and dumb employees on par with blind and orthopedically handicapped employees, emphasizing that all disabilities should be treated equally under the law. The Ministry of Finance's discriminatory stance was found to violate Articles 14 and 21 of the Constitution. (Paras 22-23).
Issue of Consideration
Whether the deaf and dumb employees are entitled to transport allowance at par with blind and orthopedically handicapped employees.
Final Decision
The court allowed the writ petition and directed the respondents to grant transport allowance to deaf and dumb persons on par with blind and orthopedically handicapped employees.
Law Points
- Writ of Mandamus
- transport allowance
- disability rights
- equal treatment
- Persons with Disabilities Act
