THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5675 of 2003 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not paying House Rent Allowance and deducting water charges every month from petitioner's salary since October 1991 as arbitrary and illegal and consequently direct the respondents to pay arrears of House Rent Allowance as well as water charges since October 1991 with interest @ 12% per annum. It appears, petitioner was working as Driver in the Respondent- Corporation at Kukatpally Depot and later he was transferred to Musheerabad Depot. According to him, he was not allotted with any house, therefore, he is entitled for house rent allowance. However, the respondents are not paying house rent allowance since October, 1991 and further they are collecting water charges from his salary. Hence the writ petition. A detailed counter affidavit has been filed by the respondents denying the allegations made by the petitioner asserting that the petitioner was appointed as Driver in the Respondent Corporation on daily wage basis on 12.1.1989 at Kukatpally Depot and his services were regularized with effect from 1.12.1990 and he was transferred to Musheerabad Depot with effect from 2.11.1994. While the petitioner was working at Kukatpally Depot, the Senior Manager (IR) has addressed a letter dated 27.9.1991 to the Depot Manager, Kukatpally informing that the family members of late A.B.L.Narasimha Rao, Ex-Traffic Inspector Gr.II of Musheerabad Depot had not vacated Quarter No.196 at Musheerabad and therefore, suit bearing O.S.No.311 of 1985 was filed against them which is pending before the City Civil Court, Hyderabad for eviction. In the meanwhile it was noticed that the petitioner is sharing accommodation in the said quarter No.196 by paying rent to the unauthorized occupants which is confirmed by the Security Officer’s report dated 28.6.1991 and that as per the rules in force, the petitioner is not entitled to house rent allowance since he is sharing accommodation in Quarter No.196 at Musheerabad unauthorisedly and advising him to arrange to recover the house rent allowance of Rs.1454/- which was already paid to the petitioner for the period from March 1991 to August 1991 besides stoppage of house rent allowance with effect from September, 1991. On the basis of the letter of Senior Manager dated 27.9.1991 and the Security Officer’s report dated 28.6.1991, the Depot Manager, Kukatpally passed Office Order No.P2/145(2)/91-KP dated 8.10.1991 ordering for recovery of amount of Rs.1454/- from the salary of the petitioner, which was already paid to the petitioner towards house rent allowance for the period from March 1991 to August 1991, besides stoppage of house rent allowance with effect from September 1991 until further orders and the same were recovered from the salary of the petitioner since September 1991. Even on his transfer to Musheerabad Depot in November 1994, petitioner was not paid house rent allowance. He did not made any representation or protest against the stoppage of house rent allowance or recovery of rent and water charges from his salary. Since the petitioner was evicted from Quarter No.196 on 6.7.2002 and the said quarter was demolished, he has started making representations for payment of house rent allowance from the year 1991 onwards. For the first time, he made a representation dated 17.1.2003 to the Managing Director, APSRTC, Hyderabad requesting to pay house rent allowance from October 1991. Subsequently, he made a representation dated 27.1.2003 to the Depot Manager, APSRTC, Musheerabad complaining non-payment of house rent allowance from October 1991. The petitioner has suppressed the fact of his occupying Quarter No.196 unauthorisedly. It is unfortunate that instead of proceeding legally against the unauthorized occupation of the petitioner in Quarter No.196, the respondents have proceeded on their whims and fancies in collecting house rent allowance and water charges from the salary of the petitioner. It is not the case of the respondents that Quarter No.196 at Musheerabad was allotted to the petitioner or it is their case that he had occupied the same independently. On the other hand, in the counter itself, it is stated that the petitioner has been sharing accommodation in the said quarter and paying rents to the unauthorized occupant. The issue of unauthorized occupancy was the subject matter of O.S.No.311 of 1985 which was filed for eviction of unauthorized occupant. Once it is an admitted fact that the suit was pending for eviction of unauthorized occupant, even if the petitioner was sharing accommodation in Quarter No.196, either some disciplinary proceedings or any action as required under law should have been taken against him, but the question of stoppage of payment of house rent allowance and collecting water charges from the salary of the petitioner does not arise. The action of the respondents is not supported by any law. Under those circumstances, I am of the opinion that the impugned action of the respondents in not paying house rent allowance to the petitioner and further collecting water charges from his salary is arbitrary and illegal, therefore, the same is liable to be declared as such. In the result, the writ petition is allowed and the respondents are directed to pay house rent allowance to the petitioner from October 1991 to March 2003 within a period of (8) weeks from the date of receipt of a copy of this order. No order as to costs. ______________ C.V.RAMULU, J Date: 30.3.2007 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5675 of 2003 30.3.2007 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5675 of 2003 Date: 30th March, 2007 Between: Md.Bakhar Ali .. Petitioner And The A.P. State Road Transport Corporation, represented by its Managing Director and Vice Chairman, Musheerabad, Hyderabad & others. .. Respondents