DEAF EMPLOYEES WELFARE ASSOCIATION & ANOTHER versus UNION OF INDIA & OTHERS

DEAF EMPLOYEES WELFARE ASSOCIATION & ANOTHER versus UNION OF INDIA & OTHERS

Denial of transport/conveyance allowance to deaf and dumb employees, as opposed to its grant to visually and orthopaedically disabled employees, is arbitrary and violates Articles 14 and 21 of the Constitution. All persons with specified disabilities are entitled to equal government benefits, and any distinction among them is invalid.

Parties
Petitioner: Deaf Employees Welfare Association & Another; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
12 December 2013
Procedural Posture
Writ Petition (civil) No. 107 of 2011 / Final Decision
Outcome
writ petition allowed
Legal Topics
Rights of Disabled Persons, Non Discrimination, Government Employment Benefits, Equality Before Law
Constitutional Law Disability Law Administrative Law Rights of Disabled Persons Non Discrimination Government Employment Benefits Equality Before Law

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Parties

Deaf Employees Welfare Association & Another

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition (civil) No. 107 of 2011 / Final Decision

Legal Issues

  1. 1 Whether denial of transport/conveyance allowance to deaf and dumb government employees violates Articles 14 and 21 of the Constitution
  2. 2 Whether persons with disabilities under Section 2(i) of the Disabilities Act, 1995, are entitled to equal benefits without discrimination among types of disabilities

Ratio Decidendi

Denial of transport/conveyance allowance to deaf and dumb employees, as opposed to its grant to visually and orthopaedically disabled employees, is arbitrary and violates Articles 14 and 21 of the Constitution. All persons with specified disabilities are entitled to equal government benefits, and any distinction among them is invalid.

Court Disposition

writ petition allowed

Orders

  • Respondents are directed to grant transport allowance to deaf and dumb persons on par with visually and orthopaedically handicapped employees of Central and State Governments and other establishments wherever such benefits have been extended to the latter.