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Judgment
Nidhi Gupta, J.
Present Civil Writ Petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a writ in the nature of certiorari for quashing the condition imposed in order dated 09.05.2022 (Annexure P-7) to the extent of granting the conveyance allowance w.e.f. 25.02.2022 instead of 03.07.1993 alongwith interest; and for issuance of writ in the nature of mandamus directing respondents to grant Conveyance Allowance @ 10% of the basic pay w.e.f. 03.07.1993 to 24.02.2022 alongwith interest.
It is inter alia submitted by ld. counsel for the petitioner that petitioner is an ex-serviceman and is 40% permanently disabled on account of a shell injury in his left forearm with compound fracture, as evident from the Medical Certificate dated 16.03.1993 (Annexure P-1). Petitioner had sustained the said injury during terrorist action in Sri Lanka on 06.11.1987. As such, petitioner had been granted a Battle Casualty Certificatedated 09.12.2011 (Annexure P-2). After discharge from military service, on recommendation of the District Sainik Board,petitioner was appointed as Peon on 03.07.1993in the office of respondent No.3-Deputy Excise and Taxation Commissioner (hereinafter ‘DETC’) (ST), Kurukshetra, on account of being 40% disabled and ex-serviceman. Petitioner had joined on 03.07.1993 itself in the office of DETC-respondent No. 3 and had remained there up to 28.02.2017.
From 01.03.2017 to 30.06.2021, petitioner had worked in the office of respondent No. 5-DETC (ST), Jagadhri, District Yamunanagar. From 01.07.2021 to 09.06.2022, petitioner had remained in the office of respondent No. 4-DETC (Excise), Kurukshetra, District Kurukshetra.
It is submitted that during this time, petitioner had made a representation dated 04.03.2011 (Annexure P-5) for grant of Conveyance Allowance (CA).Vide order dated 09.05.2022 (Annexure P-7), Conveyance Allowance was granted to the petitioner w.e.f. 25.02.2022. Ld. counsel contends
that the said Conveyance Allowance was liable to be granted to the petitioner from date of joining, i.e. from 03.07.1993 itself. Accordingly, petitioner had served a legal notice dated 24.01.2023 (Annexure P-8) upon the respondents for grant of Handicap Conveyance Allowance pending since 03.07.1993 till 22.05.2022. However, as no action was taken thereupon, petitioner was constrained to file the present writ petition.
Learned counsel contends that the impugned action in not granting Conveyance Allowance from 03.07.1993 to 24.02.2022 along with interest is arbitrary, discriminatory, illegal, unconstitutional, and contrary to the relevant Rules and Instructions issued by the Government of Haryana from time to time.
It is contended that not releasing the Conveyance Allowance to the petitioner is contrary to the Rule 22 of the Haryana Civil Services (Allowance) Rules, 2016 as well as the Instructions issued by the Govt. of Haryana from time to time as well as the provisions of the Persons with Disabilities Act, 1995 as well as 2016. The Acts of 1995 as well as 2016 are the beneficial legislations and have to be implemented as it has been envisaged under section 41 ofthe Right of Persons with Disability Act, 2016 that the appropriate Govt. shall take suitable measures to provide access to transport as per Rule 41.
It is further submitted that the action of the respondent No. 2 in not granting Conveyance Allowance w.e.f. 03.07.1993 to24.02.2022 isin violation of the above said Rules and Instructions issued by the Govt. of Haryana
from time to time and has also violated the provisions of the Persons with Disability Act, 2016. The petitioner is entitled the Conveyance Allowance @ 10% of the basic pay w.e.f. 03.07.1993 to 24.02.2022 alongwith interest. Accordingly prays that the present writ petition be allowed and condition imposed in the order dated 09.05.2022 (Annexure P-7) to the extent of granting the Conveyance Allowance w.e.f. 25.02.2022 instead of 03.07.1993 alongwith interest, be quashed and direct the respondents to grant the Conveyance Allowance @10% of the basic pay w.e.f. 03.07.1993 to 24.02.2022 alongwith interest.
Per contra, ld. State counsel has opposed submissionsof the petitioner, and pointed out that the petitioner had submitted his application for Conveyance Allowance for the first time only in the year 2011. Thereafter, taking a sympathetic view of the case of the petitioner, the Commissioner had recommended the case of the petitioner vide letter dated 25.06.2013 (Annexure R-4). However, petitioner had not complied with the same; and had thereafter approached the authorities only in the year 2022 by producing a Disability Certificate of the year 2019. Upon which the order dated 09.05.2022 (Annexure P-7) came to be passed, thereby granting benefit of Conveyance Allowance to the petitioner. It is submitted that therefore nothing more remains to be paid to the petitioner. It is accordingly prayed that the present writ petition be dismissed.
No other argument is made on behalf of learned counsel for the parties. I have heard ld. counsel and perused the case file and record in detail. I find no merit in the submissions advanced on behalf of the petitioner.
Factual matrix of the case has been noticed hereinabove. However, petitioner has failed to mention in his writ petition that in pursuance to the Representation dated 04.03.2011 (Annexure P-5) submitted by the petitioner, a letter dated 25.06.2013 (Annexure R-4) was issued by the DETC (ST), Kurukshetra, which reads as follows:
“Subject: Regarding grant of handicapped allowance. On the subject cited above, you are directed with a copy of order serial no. 3695/E4A Dated 08.05.2013of Head Office with respect to your application dated 11.10.2012, to submit a fresh Physical Handicapped Certificate from Civil Surgeon Kurukshetra in this office so that the matter may be sent to Head Office for further necessary action.”
It is an undisputed fact on record that pursuant to the above, petitioner had failed to submit a fresh Physical HHandicappedCertificate from the Civil Surgeon, Kurukshetra, as required.
The record further reveals that thereafter, petitioner had made a Representation only on dated 17.02.2022 (Annexure R-5); which was accompanied by a Disability Certificate dated 24.04.2019 (Annexure R-6). On
receipt of the said application dated 17.2.2022 (Annexure R-5), respondent No. 5 vide letter dated 24.02.2022(Annexure R-7) had requested the Civil Surgeon, Yamuna Nagar for recommendation of Conveyance Allowance/Certificate of Recommendation as required under Rule 23(i) of the Haryana Civil Services Rules, 2016. As per the said Rule 23(i), Conveyance Allowance is admissible to an employee from the date of issuance of Certificate of Recommendation by appropriate Medical Authority. Relevant extract of Rule 23(i) reads as follows:-
“23.Competent authority and procedure for grant of Conveyance Allowance to blind and Orthopedically handicapped Government
employees:-
(i)"The Head of Department concerned shall refer the case of the concerned Government employee to the Head of Ophthalmological or Orthopedics 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 orthopedically 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.”
Thereafter, the Civil Surgeon, Yamuna Nagar, vide his letter dated 28.02.2022 (Annexure R-8) had further forwarded case of the petitioner along with Certificate of Recommendation for Conveyance Allowance.
On receipt of Certificate of Recommendation for Conveyance Allowance, the respondent no. 5 i.e. Deputy Excise and Taxation Commissioner
Jagadhari, Distt Yamunanagar forwarded the case of the petitioner to the respondent no. 2 being competent Authority; who duly allowed the Conveyance Allowance to the petitioner w.e.f. 25.02.2022 in accordance with Rules and Instructions issued by the Govt. of Haryana, Finance Department.
It is also important to note that no such allowance was demanded by the petitioner from joining i.e. 03.07.1993 upto 04.03.2011. Respondents have further denied receipt of any legal notice from the petitioner.
It may also be pointed out that at the time of his induction into service on 03.07.1993, petitioner had submitted a Medical Certificate of Fitness(Annexure R-1). However,the said Medical Certificate (R-1) neither mentions that the disability of the petitioner was permanent; nor was it a Recommendation Certificate for grant of Conveyance Allowance as required under the Instructions dated 10.09.1982 (Annexure R-2) and Instructions dated 08.12.1989 (Annexure R-3).As such, petitioner was not found eligible for grant ofConveyance Allowance demanded by him vide application dated 04.03.2011 and 10.10.2012 on the basis of medical certificate Annexure R-1. Therefore, he was advised vide letter dated 25.6.2013 to submit fresh Medical Certificate of permanent disability if any.
In view of the above facts, no error is found in the impugned order. Accordingly, the present writ petition stands dismissed.
Pending application(s), if any, also stands disposed of.