IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.26074 of 2008 Between: 1 Abdul Rehaman S/o. Late Abdul Raheem Food Corporation of India, District Office, Sanathnagar, Hyderabad. 2 S. Ramnath S/o. Late S. Sharvaiah Food Corporation of India, Regional Office, Saifabad, Hyderabad. 3 Shaik Hussain S/o. Jan Mohammed Food Corporation of India, District Office, Sanathnagar, Hyderabad. 4 The Food Corporation of India Executive Staff Union, Regd. No.1158, Affiliated to Bharatiya Mazdoor Sangh, rep. by its Regional Secretary, Regional Committee, Andhra Pradesh, Sri Abdul Rehaman, S/o. Late Abdul Raheem, aged 52 Yrs. ..... PETITIONERS AND 1 Food Corporation of India, 16, Barakambha Lane, New Delhi, rep. by Chairman /Managing Director. 2 The General Manager, Food Corporation of India, Regional Office, Andhra Pradesh, Haka Bhavan, Hyderabad. 3 Government of India, Ministry of Food and Public Distribution, Krishi Bhavan, New Delhi - 110 001. .....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 an order, direction or writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in not extending the House Rent Allowance payment at 25% of the revised basic pay with effect from 1-6-2000 to 30-9- 2007 to all the employees including the Executives on IDA pattern working in Respondent Food Corporation of India at Hyderabad City in terms of the Government of India Office Memorandum No.2(49)/98-DPE(WC)/XXXIX, dated 22.01.2001 is irrational and arbitrary and consequently direct the respondents to allow the House Rent Allowance payment at 25% to all the employees including the writ petitioner who are stationed at Hyderabad city during the period from 1-6-2000 to 30-9-2007 and pass Counsel for the Petitioners: MR.G.VIDYASAGAR Counsel for the Respondent No.: B.ANJANEYULU(SC FOR FCI) The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.26074 of 2008 ORDER: Heard the learned counsel for the petitioners as well as the learned Standing Counsel for respondent-Food Corporation of India. The petitioners, who are employees of the second respondent- Food Corporation of India filed this writ petition seeking implementation of House Rent Allowance on par with the employees of the respondent-Organisation working in Bangalore City. It is the case of the petitioners that for the employees of Food Corporation of India working in Bangalore as well as in Hyderabad, the House Rent Allowance is given @ 25% in place of 15% from 01.06.2000 to 30.09.2007 and from 01.10.2007 onwards the increased rate of House Rent Allowance is being paid to them, but the enhanced rate of 25% from 01.06.2000 to 30.09.2007 was not paid. In similar circumstances, the employees of Food Corporation of India, Bangalore Branch approached the Central Government Industrial Tribunal-cum- Labour Court, Bangalore and filed an application in CGA No.35 of 2003, which by order dated 24.03.2006 directed the Food Corporation of India to consider the claim for revision of House Rent Allowance in the light of the Government Order dated 22.01.2001 after holding discussions with the applicant Union representatives. Aggrieved by the said order, the employees filed W.P.No.18817 of 2006 before the High Court of Karnataka at Bangalore for a positive direction to the Management to pay dues towards House Rent Allowance. The Karnataka High Court by order dated 26.03.2007 directed the respondent Management to implement the award of the Central Government Industrial Tribunal within two months from the date of receipt of a copy of that order. In pursuance of the said order, according to the petitioner, the employees of Food Corporation of India of Bangalore City have got the benefit. Therefore, the petitioners, who are also similarly placed persons, made representations on 26.09.2008 and 14.11.2008 to the Chairman of the first respondent organization to extend the same benefit of House Rent Allowance to them on par with the employees stationed at Bangalore. But, however, the respondent-Organization has not passed any orders so far. When the matter came up for hearing, the learned Standing Counsel appearing for the respondent-Organization submits that since the representations of the petitioners are pending consideration before the first respondent, instead of this Court going into merits of the matter, the first respondent may be directed to dispose of the representations of the petitioner expeditiously, for which course of action, learned counsel for the petitioners also agreed. In the circumstances, without going into the merits of the matter, the writ petition is disposed of directing the first respondent- the Chairman/Managing Director, Food Corporation of India, New Delhi to consider the representations of the petitioners dated 26.09.2008 and 14.11.2008 and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. N.V. RAMANA, J Date: 28.11.2008 va