Transport Allowance to Deaf and Dumb Employees – Government implements Supreme Court Order
THE 6th Central Pay Commission recommended that physically disabled employees shall continue to draw the transport allowance at double the normal rates. Following that, Ministry of Finance issued an OM dated 29.8.2008 stipulating that the blind or orthopedically handicapped employees, in terms of Ministry of Finance's order vide OM dated 3.10.1997, shall continue to draw the allowance at double the normal rates. The Ministry of Social Justice and Empowerment again approached the Ministry of Finance in February 2013 requesting to consider the issue of grant of double transport allowance to hearing handicapped employees.
Pleas made by the deaf and dumb persons, fell into deaf ears in all these yearsuntil they approached the Supreme Court.
The Supreme Court in its Order in Writ Petition No. 107/2011 dated 12.12.2013, observed, "The deaf and dumb persons have an inherent dignity and the right to have their dignity respected and protected is the obligation on the State. Human dignity of a deaf and dumb person is harmed when he is being marginalized, ignored or devalued on the ground that the disability that he suffers is less than a visually impaired person which, in our view, clearly violates Article 21 of the Constitution of India. Comparison of disabilities among “persons of disabilities”, without any rational basis, is clearly violative of Articles 14 of the Constitution of India. In our view, the recommendation made by the Ministry of Health and Family Welfare for extending the benefit of transport allowance to the Government employees suffering from hearing impairment in equal with blinds and orthopaedically handicapped Government employees is perfectly legal and is in consonance with Articles 14 and 21 of the Constitution of India. Under such circumstances, we are inclined to allow this writ petition and direct the Respondents to grant transport allowance to deaf and dumb persons also on par with blinds and orthopaedically handicapped employees of Central and the State Governments and other establishments wherever such benefits have been extended to the blinds and orthopaedically handicapped employees."
In compliance of the Supreme Court Order, the Government has decided to extend the benefit of double transport allowance to deaf and dumb employees of the Central Government with immediate effect.