CWP No.12047 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12047 of 2011 Date of decision: 25.7.2011 Manoj Kumar ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS.JUSTICE RITU BAHRI Present: Mr.Rajesh Narang, Advocate for the petitioner Ms.Anu Pal, Assistant Advocate General, Punjab *** Ritu Bahri, J.(Oral) The petitioner is a handicapped person and working as Hindi Teacher since 14.1.1997 in the Education Department, Punjab. As per Government instructions issued on 15.6.1982, the handicapped employee would get conveyance allowance on specific rate on the basic pay. On 26.9.1997, he sent his case alongwith medical certificate for sanction of handicapped allowance. Various reminders were also sent and eventually on 5.2.2008, the District Education Officer (S), Ferozepur wrote to the Director, Education Department to grant the necessary sanction for handicapped allowance. On notice, department was directed to explain the reasons why his application was not entertained and not granting him a meager amount to which he was entitled since he was appointed against the handicapped category. On 18.7.2011, the department sanctioned the said CWP No.12047 of 2011 2 allowance in view of the order passed by this Court dated 13.7.2011 and this benefit was granted to the petitioner. However, the direction was given by this Court to the Director, Education Department (Secondary) to file affidavit to explain as to why this delay had occurred. In compliance of the said order, affidavit of Avtar Chand Sharma, Director, Public Instructions (Secondary Education), Punjab has been filed in Court today, which is taken on record. In his affidavit, DPI (SE) has stated that he has assumed the charge on 21.4.2011 and on notice from this Court, the sanction has been accorded on 15.7.2011. Directions have also been issued to all the District Education Officers (SE) in the State to settle the claims pertaining to conveyance allowance payable to Handicapped persons as Annexure R-1. Despite availability of requisite original medical certificate, there is no other certificate issued by Head of the Orthopedic Department since 14.2.2002, his application kept on lingering at the hands of officials namely Manjit Kaur, Nirmal Singh, Darbara Singh and Manohar Lal Sharma. The said delinquent officials have since retired and therefore, the department is not able to take any action against these retired employees under Rule 2.2(b) of the Punjab Civil Services Rules. Thereafter, officials of DPI (SE) did not bother to take up the matter, despite a specific query under RTI Act pertaining to the claim of the petitioner. Thereafter, the officials namely Hari Chand Gehra, Superintendent Grade-I and Harinder Kumar, Senior Assistant, who were supposed to settle the claim of the petitioner, have failed to do so despite the matter being in their knowledge. A charge- CWP No.12047 of 2011 3 sheet has been issued to Mr.Harinder Kumar, Senior Assistant, whereas Mr.Hari Chand Gehra, Superintendent Grade-I has since retired on 31.5.2011. Thereafter, the matter was referred to the competent authority to take action. The District Education Officer (SE), Ferozepur has also been instructed vide Annexure R-3 dated 18.7.2011 to find out the cause of delay from 1997 to 2001 and send a report to the DPI (SE) within 15 days. In view the steps taken by the DPI (SE), this court accepts the unconditional apology tendered by the official by way of affidavit. However, keeping in view that a handicapped teacher, who was appointed in that category, was asked to give medical certificate to certify that he was handicapped and then his case would be forwarded, depicts a very sad state of affairs in the DPI (SE) office. This writ petition is disposed of with costs of ` 25,000/- as litigation expenses to be paid by the office of DPI (SE), Punjab to the petitioner within two weeks from today. 25.7.2011 (RITU BAHRI) gsv JUDGE