CWP No.18990 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Date of decision: 19.04.2010 Shanti Devi ... Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Ashok Giri, Advocate,for the petitioners. Mr.RKS Brar, Addl. AG, Haryana,for the respondents. PERMOD KOHLI, J. CM No.5263 of 2010 is allowed. Replication along with Annexure P-10 is taken on record. The petitioner was initially appointed as S.S. Mistress under the handicapped quota vide DEO/KKR's office order No.F-3/96/173-235 dated 07.02.1996 (Annexure P-1) on ad hoc basis. Later, the services of the petitioner were regularised from the date of appointment vide order dated 21.08.2002 (Annexure P-2). The petitioner is suffering from orthopedical infirmity and the deformity is to the extent of 60 per cent as is evident from the Medical Certificate issued by the Orthopedic Surgeon Dy. Chief/Chief Medical Officer, Kaithal (Annexure P-3). The State government issued a policy for grant of conveyance allowance to the handicapped employees. A copy of the policy letter dated 10.09.1982 (Annexure R-II) has been placed on record by the respondents. Under this policy, conveyance allowance at the rate of 10% of the basic pay subject to maximum of Rs.50/- per month with effect from Ist January, 1981, is payable to the Haryana Government Employees who were borne on regular establishment and are blind or are orthopedically handicapped with disability of lower extremities. In respect to the orthopedically handicapped CWP No.18990 of 2009 2 employees, following provision has been made:- “1. An Orthopedically handicapped employee will be eligible for conveyance allowance only if he or she has a minimum 40% permanent partial disability of both the upper and lower extremity deformities.” Though typed copy of Annexure P-1 which is appointment letter of the petitioner, do not mention that the petitioner was appointed under the Handicapped Category. However, a perusal of photostat copy now placed on record (Annexure P-10) do indicate that the petitioner's selection was under the S.S. Female Handicapped category. The petitioner is suffering from 60% deformity. Handicapped allowance/ conveyance allowance granted vide the aforesaid policy was later on revised vide the subsequent government instructions dated 06.04.1993 (Annexure P-4). Under these instructions, the allowance has been enhanced from 5% subject to maximum of Rs.100/- p.m to 8% subject to a maximum of Rs.150/- p.m. The petitioner claimed the handicapped allowance on the basis of aforesaid policy. The petitioner has been granted the handicapped allowance vide order dated 14.06.2007 (Annexure P-7) from the date of receipt of the application. It is mentioned that the application of the petitioner was received on 18.08.2005. The petitioner made a representation seeking arrears of the allowance from the date of her initial appointment i.e. 10.02.1996. The representation dated 06.07.2007 (Annexure P-8)of the petitioner has, however, been rejected vide the impugned order dated 06.05.2009 (Annexure P-9) on the ground that the petitioner is entitled to the conveyance allowance since 2005 i.e. when the Medical Certificate was CWP No.18990 of 2009 3 produced. Learned counsel for the petitioner submits that the petitioner is entitled to the Handicapped Allowance right from the date of her initial appointment, she having been appointed under the Handicapped Category and deformity being more than 40% as is prescribed under the government policy. I have heard learned counsel for the parties at length and perused the government policy dated 10.09.1982 as also the revised policy. The handicapped allowance is payable to the Haryana Government employees who had deformity of more than 40%. The petitioner is suffering deformity to the extent of 60%. Mere fact that the petitioner has applied for the grant of handicapped allowance in the year 2005, does not mean that the petitioner is not entitled to the arrears of the handicapped allowance when she is entitled to such allowance right from the date of appointment. In view of the above, the present writ petition is allowed. Impugned orders Annexure P-7 and P-9 are hereby quashed and set aside. The respondents are directed to grant conveyance allowance in terms of the policy dated 10.09.1982 and the revised policy from the date of initial appointment of the petitioner. Let the entire arrears be paid to the petitioner within a period of three months. 19.04.2010 (PERMOD KOHLI) BLS JUDGE Whether to be referred to the Reporter? NO