MUMBAI: Bombay high court recently rapped the State government for laying down stringent standards of vision so as to take away benefits of special travelling allowance for its employees suffering from blindness.
A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on January 18, 2013 heard a petition by the Maharashtra State Handicapped Employees'/Officers' Association challenged revocation of the special travelling allowance to the government employees and semi-government employees suffering from blindness. They challenged June, 17, 2011order issued by the Chief Executive Officer. Zilla Parishad, Nashik which was based on a June 2001 government resolution. The Association's advocate M S Karnik argued that the definition of "blindness" in the GR is not in conformity with the definition of "blindness" under Section 2(b) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.
The additional government pleader submitted that that other government employees who do not fall within the three categories of the GR also get travelling allowance.. He said the special travelling allowance is being given only to above three categories, so that the disabled person gets assistance of a companion while travelling.
The judges said they find considerable substance in Karnik's submission. When the Central Act made by the Parliament defines "blindness" to include those who have visual acuity not exceeding 6/60or 20/200 ( snellen) in the better eye with correcting lenses, the State Government cannot narrow down the definition by providing that a person who is having vision of both the eyes less than 3/60 or having field vision less than 10 degree will be considered eligible for special travelling allowance,'' they noted in their order.
The judges said by laying down more stringent standard of vision of both the eyes less than 3/60 or having field vision less than 10 degree, the State Government has taken away benefits of special travelling allowance to those employees, who fall within the broader definition of "blindness" under the Act of Parliament. This is not permissible. The State Government may provide for more liberal definition of "blindness", but it can certainly not provide for narrower definition of "blindness" than the one given in the Act of Parliament,'' they added.
The judges directed that the State government must follow the definition of "blindness" as provided in the Act of Parliament, while giving benefits of special traveling allowance. Also, that the order of CEO, Zilla Parishad, Nashik has to be treated as illegal.
Karnik pointed out that the CEO order's had directed the Zilla Parishad to recover of special travelling allowances from the employees who do not fall within June 2001 GR. The judges noted that in the instant case it is not alleged by the respondents that the employees were instrumental in receiving financial benefits of the special travelling allowance by making fraudulent representation, They then directed that no recovery shall be made by the Zilla Parishad from employees who were treated as blind'' earlier.
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