Eligibility of Deaf and Dumb Government employees for transport allowances,

Supreme Court : While discussing the important issue of eligibility of Deaf and Dumb Central and State Government employees for transport allowances, a 2-judge bench of Hon'ble K.S. Radhakrishnan and A.K. Sikri, JJ held that disability, as envisaged under Section 2(a) of the Persons with Disabilities Act,1995, with respect to the hearing impaired persons, is no less than the disability of a blind person. A further discrimination amongst themselves is clearly violative of Article 14 of the Constitution of India.
The nature of disability may differ from person to person included in Section 2(i) of the Act, but all such persons have been categorized as a group of “persons with disabilities” and form a class by themselves under Section 2(i) read with Section 2(t) of the Act and the travel undertaken by the deaf and hearing impaired employees is equally arduous and burdensome as compared to persons having other disabilities referred to in Section 2(i) of the Act.
The Court taking note of the various provisions of the Act, UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities ,2008 and the Beijing Convention,1992 stated that the deaf and dumb persons have an inherent dignity and the right to have their dignity respected and protected is the obligation on the State and if he is being marginalized, ignored or devalued on the ground that the disability that he suffers is less than a visually impaired person clearly violates Article 21 of the Constitution of India. [Deaf Employees Welfare Association v. Union of India, Writ Petition (Civil) No. 107 of 2011, decided on December 12, 2013]

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