Monday, February 24, 2014

SC directs Transport Allowance for Deaf Govt.Employees at par with other disabilities [Judgement Included]

Court: Supreme Court of India

Bench: Justice K.S. Radhakrishnan and  Justice A.K. Sikri

Case No. & Title: WP(C) No. 107/2011 Titled as Deaf Employees Welfare Association and Another v/s Union of India and Others

Date of Jugement: 12 Dec 2013 

This petition was filed seeking a Writ of Mandamus directing the Central and state governments to grant equal transport allowance to its government employees with  hearing impairment as what was being given to blind and other disabled government employees.  The allowance given to the hearing impaired employees was significantly lower than the allowance granted to other employees with disabilities.

After a prolonged battle at the Hon'ble Supreme Court in case WP(C) 107/2011, the deaf govt employees have finally being granted an equal treatment as far as the Transport allowance is concerned.

The Supreme Court allowed the petition and directed the Respondents to grant transport allowance to speech and hearing impaired persons also on par with blind and orthopaedically disabled government employees. 

The Hon'ble Court held that when a person is having any of the disabilities mentioned in Section 2(i) of the Disabilities Act 1995 and is so certified by the Medical Doctor, he is entitled to the benefits of all the Schemes and benefits provided by the Government and there can be no further discrimination among the persons with varied or different types of disabilities since no such discrimination has not been envisaged under the Disabilities Act.  The Court was also of the view that the travel undertaken by the deaf and hearing impaired employees is equally arduous and burdensome as compared to persons having other disabilities.

The court held that “there cannot be further discrimination between a person with disability of ‘blindness’ and a person with disability of ‘hearing impairment’. Such discrimination has not been envisaged under the Disabilities Act.” It held that equality of law and equal protection of law afforded to all persons with disabilities while participating in government functions. The court held that the dignity of persons with hearing impairments must be protected by the state. Even the assumption that a hearing or speech impaired person is suffering less than a blind person is, in effect, marginalizing them; and as such, the same benefits must be given to them, as are awarded to blind citizens. Any move made by the state to further this objective is in consonance with the principles enshrined in Articles 14. This case held that deaf and mute people should also be given transportation allowances on par with blind and orthopedically handicapped employees of the government.

Click here to access the accessible version of  judgement dated 12 Dec 2013 in WP(C) No. 107/2011 Titled as Deaf Employees Welfare Association and Another v/s Union of India and Others on double transport allowance for the deaf.


New OM Issued by Min. of Finance
In response to the above judgement, now Min. of Finance has issued an OM No.21(2)12011-E.II(B) dated 19.02.2014 on the subject, the contents whereof are as below.The contents seriously disregard the language used to refer to persons with hearing impairment or deaf persons as "dumb".

Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi,
Dated: 19th February, 2014


Subject- Grant of Transport Allowance to Central Government Employees – Extension of benefit of Transport Allowance at double the Normal Rates to Deaf and Dumb Employees – Implementation of the Order of the Apex Court – regarding.

The undersigned is directed to refer to Order dated 12th December, 2013 of the Hon’ble Supreme Court of India in Writ Petition (Civil) No. 107/2011 of Deaf Employees Welfare Association and Another v/s Union of India and Others, and to say that in compliance of the said judgement of the Apex Court, it has been decided to extend the benefit of Transport Allowance, as admissible to blinds and orthopaedically handicapped employees in terms of para 2 (i) of Ministry of Finance, Department of Expenditure O.M. No.21(2)/2008-E.II(B) dated 29th August, 2008, to deaf and dumb employees of the Central Government also, with immediate effect, subject to the condition that the recommendation of the Head of ENT Department of a Government Civil Hospital is received by the Head of Department and fulfilment of other conditions mentioned in Ministry of Finance, Department of Expenditure O.M.No, 19029/1/78-E IV(B) dated 31st August, 1978 read with O.M. dated 29.08.2008.

2. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, this Order issues in consultation with the Comptroller and Auditor General of India.

(Subhash Chand)
Deputy Secretary to the Government of India

Here is the Image of the above Memorandum


  1. Whether a hearing handicap only disebaled as deaf, then the double transport allowance grant or not to the Hearing impaired employee. Pls as possible give clarification

  2. My audit department once granted double transport allowance to all hearing handicapes but now the department recover the all paid double TA amount for the reason the CAG headquarters clarify the matter as only who are survives both deaf & dump disability are can take this double transport allowance not only single deaf or dump type disable. Pls guide me what I do for defened the wrong order.

  3. @Jitendra - The court order doesn't say this and the departments are unnecessarily troubling the deaf employees. Please send a representation attaching the copy of this judgement. DoPT shouldn't have added the term "dumb" the law doesn't define this disability as such!