IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15847 of 1999 Between: 1 P.Trimurthulu S/o Venkateswarlu, C-9,Erramanzil colony, Hyderabad. 2 Smt K Meena Kumari W/o J.V.S.Murthy, C-1,Erramanzil colony, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh Rep. by its secretary, GAD[Accom-C] department, Secretariat Buildings, Hyderabad. 2 The Estate Officer, Hyderabad & Secunderabad, Khairatabad, Hyderabad. 3 The Executive Engineer (R & B), Central Buildings Division, A.C. Guards, Hyderabad. 4 The Pay & Accounts Officer, Nampally, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other Writ, order or direction declaring the action of the respondents 1 and 2 in effecting the deduction of 10% of the emoluments towards rent in addition to forfeiture of HRA from the petitioners salaries for C-type quarters Erramanzil colony with out fixing the standard rent as is fixed in the case of corresponding I.S and I.C quarters as illegal, arbitrary and violative of Article 14 of the Constitution of India and issue consequential direction to the respondents to fix the standard rent for C-type quarter and make refund of the amounts already collected over and the above the amounts of rent fixed as standard rent for the I.C quarters to the petitioners from the respective dates of the occupation of the said quarters, and pass such other or order or orders as deemed fit and proper in the facts and circumstances of the case. Counsel for the Petitioners : MR.K.CHIDAMBARAM Counsel for the Respondents : GP FOR GENERAL ADMINISTRATION The Court made the following : HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 15847 of 1999 ORDER : Petitioners are the Government servants and they were allotted C-type quarters in Erramanzil colony, Hyderabad. It is submitted that as per the conditions of allotment, rent payable on such quarters is 10% of the total emoluments, or the standard rent fixed for such buildings, whichever is less. On the premise that the standard rent is not fixed, they filed this writ petition. 2. In the counter affidavit filed by the respondents, it is stated that the standard rent was already fixed at Rs.488/- per month, per quarter, for the type of quarters, which are in occupation of the petitioners. But, as 10% of the petitioners’ emoluments is Rs.267/-, the respondents are deducting only Rs.267/- towards rent for such quarters. 3. In view of the specific averments made in the counter affidavit that the standard rent is already fixed, and the rent is being deducted in terms of the conditions of allotment of quarters, I do not find any ground for granting the relief as prayed for by the petitioners in this writ petition. 4. The writ petition is devoid of merit and it is accordingly dismissed. ______________________ R. SUBHASH REDDY, J 13th August 2008 ajr To 1 The Secretary, GAD [Accom-C] Department, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 2 The Estate Officer, Hyderabad & Secunderabad, Khairatabad, Hyderabad. 3 The Executive Engineer (R & B), Central Buildings Division, A.C. Guards, Hyderabad. 4 The Pay & Accounts Officer, Nampally, Hyderabad.