HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1375 of 2011 (O&M) Date of Decision: 18.04.2011 **** Viklang Sangh, Haryana, Sirsa . . . . Petitioner VS. State of Haryana & Ors. . . . . Respondents **** CORAM : HON’BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Ms. Amita Arora, Advocate for the petitioner Mr. Kulbir Narwal, Addl. AG Haryana **** RANJAN GOGOI, C.J. (ORAL) (1). With the consent of the parties, final orders in the writ petition are being passed at the admission stage. (2). The grievance raised in the writ petition is with regard to denial of Conveyance Allowance to the petitioner and other orthopaedically-handicapped Teachers during the summer vacation of the schools in which they are working. Such Conveyance Allowance has been continuing since long and is being paid at the rate of ten per cent of the basic pay subject to a maximum of Rs.1000/- per month. (3). The stand of the respondents, as indicated in the written statement filed today, is that the teaching staff of the CWP No.1375 of 2011.doc - 2 – school is not required to attend to duties during the summer vacation and Conveyance Allowance which is paid to defray the cost of travel from home to school and back, is not required to be paid during the summer vacation of the schools as the Teachers do not come to the school during the vacation. (4). The Court can take judicial notice of the fact that even during the summer holidays of the school, the teaching staff, at times, are required to come to the school and also participate in various workshops and seminars as a part of the on-going process of education. In such a situation, denial of Conveyance Allowance merely because the schools are closed during the summer holidays will not be justified. All such orthopaedically-handicapped Teachers who perform related duties during the summer vacation of the schools, in our considered view, would undoubtedly be entitled to continue to draw and receive Conveyance Allowance at the rate fixed. (5). We, therefore, dispose of this writ petition by directing that such of the orthopaedically-handicapped teaching staff, who may be engaged on duties during the summer holidays or participate in any activity which is a part of the on-going process of education, will be paid Conveyance Allowance at the rate applicable. CWP No.1375 of 2011.doc - 3 – (6). This will dispose of the writ petition. (RANJAN GOGOI) Chief Justice 18.04.2011 vishal shonkar (SURYA KANT) Judge