S. N. Pathak, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioners are handicapped employees posted as Assistant Teachers in different Primary/ Middle Schools situated in the District of Giridih, Jharkhand. They have knocked door of this Court with a prayer for quashing of Memo No. 395, dated 16.02.2013, so far it relates to payment of Transport Allowance on double rate to the physically handicapped employees posted in particular district/ town such as Ranchi, Jamshedpur and Dhanbad only in Jharkhand State and for further direction to the respondents particularly the respondent no. 2 to come out with a clear-cut provision for the payment of the Transport Allowance on double rate to all the physically handicapped employees likewise the petitioners of Jharkhand State without any discrimination of being posted in a particular district/ town. Further prayer has been made for a direction upon the respondents to make payment of Transport Allowance on double rate to physically handicapped employees likewise the petitioners with effect from 16.02.2013 with all consequential benefits such as arrears of salary etc.
(3.) It is case of the petitioners that the vide letter no. 7663, dated 30.10.2000, issued by the Finance Department, Government of Bihar, Patna and published in the Jharkhand Service Code, 2001 also, it has been provided that the Blind and Physically handicapped employees will be granted the Transport Allowance on double rate than what is being paid to other employees. After implementation of the recommendation of the 6th Pay Revision Commission, the handicapped employees of the Central Government have been allowed to draw the Transport Allowance double to the normal rate, which is admissible to the other employees, as would be evident from the relevant portion of the recommendations as published in the Gazette of India: Extraordinary, Part-I, Sec. 1, dated 29.08.2008. Thereafter, vide Govt. of India Resolution No. 21(2)/2008-E-II(B), dated 29.08.2008, issued by the Ministry of Finance, Department of Expenditure, issued under the signature of Joint Secretary to the Govt. of India, a direction was issued that the blind or orthopedically handicapped employees shall continue to draw the Transport allowance at double the normal rate and the same shall remain unchanged. Pursuant thereto, the Government of Jharkhand also agreed to grant Central Pay and other allowances with Central Service Condition to its employees and as such, vide Resolution No. 2687/F., Dated 15.09.2008, constituted a Fitment Committee for giving recommendations with regard to Central Pay Scale on the line of the Government of India in respect of the State Government employees. The Fitment committee for Jharkhand State Services also recommended that the physically disabled employees shall continue to draw the Transport Allowance at double the normal rates. It was further recommended that the Transport Allowance in the case of Physically disable employees shall, in no case, be less than Rs.1,000/- per month plus the applicable rate of dearness allowance. The said recommendation of the Fitment Committee for Jharkhand State Services was accepted by the State of Jharkhand and vide Govt. letter dated 28.02.2009, decision has been taken to provide the benefits of Central Revised Pay Scale as per the 6th Pay Commission to the employees of Jharkhand State with effect from 01.01.2006.;