IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF MARCH, TWO THOUSAND NINE ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6036 of 2009 Between: P.Ravi and three others. … Petitioners And The Vice-Chairman & Managing Director, APSRTC, RTC X Roads, Musheerabad, Hyderabad and another. … Respondents Counsel for the petitioners: Sri S.Chalapathi Rao. Counsel for the respondents: Sri K.Madhava Reddy for R.1. This Court made the following: ORDER:- In this Writ Petition, the petitioners sought for a Writ of Mandamus to set aside order dated 20-1-2009 issued by respondent No.1. Heard Sri S.Chalapati Rao, learned counsel for the petitioners, and Sri K.Madhava Reddy, learned Standing Counsel for the respondent No.1-Andhra Pradesh State Road Transport Corporation (for short “the Corporation”). The learned counsel for the petitioners submitted that the short grievance of the petitioners is that respondent No.1, who has no authority to direct deduction of Union Membership Subscriptions, payable to respondent No.2-Union, is indulging in forcible deduction of the said subscriptions from the D.A. arrears of the petitioners. Circular dated 20-1-2009 issued by the Executive Director of the Corporation, to the extent it is relevant, reads as under: “ The issue has been reviewed and the Vice Chairman & Managing Director with the concurrence of Financial Advisor and Chief Accounts Officer has accorded approval for recovery of Union Membership Subscription pertaining to a calendar year from the DA arrears payable on revision of DA with effect from 1st January of that year and remittance to the Bank Account of APSRTC NMO commencing from 2009 onwards provided the employee gives the authorization in writing accordingly”. From a reading of the above reproduced Circular it is clear that the Union Membership Subscription is permitted to be deducted from the DA arrears payable on revision of DA with effect from 1st January, subject to the employees giving authorization in writing. The learned counsel for the petitioner submitted that the instructions in this Circular are not strictly followed and deductions are being made without the employees giving authorization in writing. In my considered view, in the face of the categorical instructions contained in the Circular referred to above, no recovery of Union Membership Subscriptions can be made either from the salaries or from the D.A. arrears payable to the employees of the Corporation unless the employees authorize the same in writing. The Corporation is accordingly directed not to recover the Union Membership Subscription from the petitioners, if they have not authorized such recovery in writing. With the above directions, the Writ Petition is disposed of. -------------------------------------- C.V.NAGARJUNA REDDY,J Dt.24-3-2009 MNR