THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35647 of 2014 Dated: 24.11.2014 Between:
J. Raju and others. .. Petitioners and The State of Telangana, Rep. by its Principal Secretary, Irrigation & Command Area Development Department, Secretariat, Hyderabad and others.
.. Respondents Counsel for the petitioners: Mrs. S. Surender Reddy Counsel for the respondents: A.G.P. for Irrigation & CAD (TS) The court made the following:
ORDER:
The petitioners, who are in occupation of the quarters relating to Nagarjuna Sagar Project, filed this writ petition, feeling aggrieved by separate but identical communications addressed by respondent No.5 to their respective employers, calling upon them to furnish the details relating to deduction of H.R.A. and standard rent from the salaries of the petitioners within 15 days from the date of receipt of the said communication, failing which supply of water and electricity was directed to be discontinued, besides reporting the matter to this Court and also Lokayukta.
At the hearing, it has come out that the said communications were issued in the context of a Public Interest Litigation before this Court and A.P. Lokayukta alleging that the quarters were allotted to some unauthorized persons and that no rents are being collected from them.
The grievance of the petitioners is that though they have been paying the rents regularly, respondent No.5 has issued the impugned communications to their employers who have nothing to do with the payment of rents.
The petitioners have not filed the terms on which the quarters have been allotted to them. Unless the terms of the allotment of quarters to the petitioners are placed before the Court, it will not be possible for this Court to render any finding as to whether the rents for the quarters are to be paid by the petitioners or the same have to be recovered from their salaries by their employers. If the petitioners are permitted to pay the rents on their own, the question of deduction of H.R.A. and standard rent from their salaries may not arise. Conversely, if the rents are to be paid by the petitioners’ employers by deducting the H.R.A. and standard rent from their salaries, respondent No.5 is entitled to call for the details with regard to such deductions and payments by the employers.
In the circumstances, the petitioners are permitted to make a detailed representation to respondent No.5 with reference to the terms of allotment within two weeks from today. On such representations being made, respondent No.5 shall consider the same in the light of the terms of the allotment. If respondent No.5 is satisfied that the petitioners have been duly paying the rents either themselves or their employers have been forwarding the rents by deducting the same from their salaries, he shall not take further action against the petitioners. In a converse situation, respondent No.5 shall pass a detailed speaking order and communicate the same to the petitioners before taking any action adverse to their interests. Before passing such order, respondent No.5 shall hold a detailed enquiry, wherein he shall give an opportunity of personal hearing to the petitioners.
Subject to the above directions, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.44597 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 24th November, 2014 IBL