THE HON’BLE 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, unjust, bad in law and thus, violative of Articles 14, 15, 21 of the Constitution of India and consequently direct the respondents to pay the arrears of wages at 100% with interest. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents-Corporation. The facts of the case, in brief, are: The petitioner is employed as Casual Conductor in the respondent-Corporation in the year 2002 on consolidated pay of Rs.4,000/- per month and, on certain allegations, he was put off duty with effect from 30.05.2008. Challenging the same, the petitioner filed W.P.Nos.14563 of 2008. This Court, by order dated 08.07.2008, disposed of the writ petition directing the respondent to complete the disciplinary proceedings within two months from that date by duly furnishing relevant documents relied upon, and by giving opportunity to the petitioner to put represent his case. Alleging the respondent of not furnishing any document and proceeding with the enquiry, the petitioner filed WP.No.24366 of 2008, along with WPMP.No.31768 of 2008 seeking stay of proceedings in the show cause notice No.02/95 (32)/2008-NRPT dated 22.10.2008, pending disposal of the main writ petition. This Court, by order dated 07.11.2008, directed the respondents not to pass final orders and even if it is passed, the same shall not be given effect to, until further orders. The said writ petition is still pending. Since the order dated 07.11.2008 is not complied with, the petitioner filed Contempt Case in C.C.No.1782 of 2008. The said contempt case was closed by order dated 01.07.2009, observing that, pursuant to the orders of this Court, the 1st respondent- Depot Manager addressed a letter dated 03.04.2009 to the petitioner informing him that he is being continued under put off duty until further orders and advised him to collect wages payable to him towards subsistence allowance. The case of the petitioner is that the petitioner is not being paid any amount towards subsistence allowance with effect from November, 2010. Hence, this writ petition. Learned counsel for the petitioner submits that the petitioner is put off duty till today and no final order is passed, and hence, he is entitled to subsistence allowance as observed by this Court in C.C.No.1782 of 2008. 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 directed to dispose of the representation stated to have been filed by the petitioner. Admittedly, the petitioner is put off duty since 30.05.2008 due to certain allegations. Challenging the same he filed W.P.No.14563 of 2008, wherein, this Court by order dated 08.07.2008, directed the respondents to complete the disciplinary proceedings by furnishing relevant documents and permitting the petitioner to represent his case. As no document was furnished, petitioner filed W.P.No.24366 of 2008 along with WPMP No. 31768 of 2008, seeking stay of proceedings in the show cause notice. This Court, by order dated 07.11.2008, ordered not to pass final orders and, even if passed, not to give effect to the same until further orders. The petitioner states that he filed a representation on 03.12.2011, and no action has been taken by the respondents on the said representation. Accordingly, there shall be a direction to the respondents to consider the representation dated 03.12.2011, filed by the petitioner claiming subsistence allowance, including arrears, within a period of two (02) weeks from the date of receipt of a copy of this order, in accordance with law. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH 30th December, 2011 KSM