Telangana High Court

WP/34154/2011 of E. Hanmanth Reddy Vs The Depot Manager, APSRTC, on 30 December 2011

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SRI JUSTICE G. CHANDRAIAH WRIT PETITION No. 34154 of 2011 ORDER: This writ petition is filed seeking issuance of writ of mandamus, declaring the action of the respondents in not paying the 100% of wages to the petitioner with effect from November, 2010, as arbitrary and discriminatory,

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THE HON’BLE SRI JUSTICE G. CHANDRAIAHWRIT PETITION No. 34154 of 2011

ORDER:

This writ petition is filed seeking issuance of writ ofmandamus, declaring the action of the respondents in notpaying the 100% of wages to the petitioner with effect fromNovember, 2010, as arbitrary and discriminatory, unjust,bad in law and thus, violative of Articles 14, 15, 21 of theConstitution of India and consequently direct therespondents to pay the arrears of wages at 100% withinterest.

Heard learned counsel for the petitioner and learnedStanding Counsel for the respondents-Corporation.

The facts of the case, in brief, are:

The petitioner is employed as Casual Conductor inthe respondent-Corporation in the year 2002 onconsolidated pay of Rs.4,000/- per month and, on certainallegations, he was put off duty with effect from30.05.2008. Challenging the same, the petitioner filedW.P.Nos.14563 of 2008. This Court, by order dated08.07.2008, disposed of the writ petition directing therespondent to complete the disciplinary proceedingswithin two months from that date by duly furnishingrelevant documents relied upon, and by giving opportunityto the petitioner to put represent his case. Alleging the respondent of not furnishing any document andproceeding with the enquiry, the petitioner filedWP.No.24366 of 2008, along with WPMP.No.31768 of2008 seeking stay of proceedings in the show causenotice No.02/95 (32)/2008-NRPT dated 22.10.2008,pending disposal of the main writ petition. This Court, byorder dated 07.11.2008, directed the respondents not topass final orders and even if it is passed, the same shallnot be given effect to, until further orders. The said writpetition is still pending. Since the order dated 07.11.2008is not complied with, the petitioner filed Contempt Case inC.C.No.1782 of 2008. The said contempt case wasclosed by order dated 01.07.2009, observing that,pursuant to the orders of this Court, the 1[st] respondent-Depot Manager addressed a letter dated 03.04.2009 tothe petitioner informing him that he is being continuedunder put off duty until further orders and advised him tocollect wages payable to him towards subsistenceallowance.

The case of the petitioner is that the petitioner is notbeing paid any amount towards subsistence allowancewith effect from November, 2010. Hence, this writ petition.

Learned counsel for the petitioner submits that thepetitioner is put off duty till today and no final order ispassed, and hence, he is entitled to subsistenceallowance as observed by this Court in C.C.No.1782 of2008. In spite of the representation dated 03.12.2011, the petitioner is not paid any wages or subsistence allowance.

Learned Standing Counsel for the respondent-Corporation submits that the respondents may be directedto dispose of the representation stated to have been filedby the petitioner.

Admittedly, the petitioner is put off duty since30.05.2008 due to certain allegations. Challenging thesame he filed W.P.No.14563 of 2008, wherein, this Courtby order dated 08.07.2008, directed the respondents tocomplete the disciplinary proceedings by furnishingrelevant documents and permitting the petitioner torepresent his case. As no document was furnished,petitioner filed W.P.No.24366 of 2008 along with WPMPNo. 31768 of 2008, seeking stay of proceedings in theshow cause notice. This Court, by order dated07.11.2008, ordered not to pass final orders and, even ifpassed, not to give effect to the same until further orders. The petitioner states that he filed a representation on03.12.2011, and no action has been taken by therespondents on the said representation.

Accordingly, there shall be a direction to therespondents to consider the representation dated03.12.2011, filed by the petitioner claiming subsistenceallowance, including arrears, within a period of two (02)weeks from the date of receipt of a copy of this order, inaccordance with law.

With the above direction, the writ petition is disposed of. There shall be no order as to costs.

_________________________

JUSTICE G. CHANDRAIAH

30[th] December, 2011

KSM

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