IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 26040 of 2007 Between: Ch.Jeevanand, S/o late Ch.rama Swamy, Dredging Corporation of India, Visakhapatnam R/o Visakhapatnam. ..... PETITIONER AND 1 The Dredging Corporation of India Ltd., represented byits Chairman & Managing Director, Dredge House Port Area, Visakhapatnam-530 035. 2 The Union of India rep., byits Secretary, Ministryof Shipping, Road Transport and Highways, New Delhi. 3 The Director General of Shipping, Government of India, Ministryof Shipping, Road Transport and Highways, Jahaz Bhavan, W.H.Marg, Mumbai-400 001. 4 The Shipping Master, Government of India, Ministryof Shipping, Shipping Office, Marine House, Hasting, kolkata-700 022. .....RESPONDENT(S) 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 order or direction more particularly one in the nature of a writ of mandamus a) declaring the action of the 1st respondent in not paying salary to the petitioner for the period from 10-05-2003 to 06-12-2005 is arbitrary, illegal, and b) consequently direct the respondents to pay salary for the period 10-05-2003 to 06- 12-2005 to the petitioner forthwith and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.S.RAJASEKHAR Counsel for the Respondent No.: MR.J.ASHOK KUMAR The Court made the following : THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.26040 of 2008 ORDER: The petitioner was employed as Monthly Paid Worker by the Dredging Corporation of India Limited, the 1st respondent herein, on 19-12-1991. Subsequently, he was promoted to the post of Engine Room Rating-II, on 25-02-2002. Under the relevant Rules, it became essential for the employees of the 1st respondent, to hold what is known as Continuous Discharge Certificate-cum-Seafarer’s Identity Document (for short ‘the C.D.C’). The petitioner applied for the same, on 20-02-2001. Through order dated 10-05-2003, the 4th respondent, the competent authority to issue certificate, rejected the application of the petitioner. Aggrieved thereby, he filed W.P.No.5787 of 2005. The writ petition was allowed on 12-07-2005; the order dated 10-05-2003 was set aside, and a direction was issued to the 4th respondent to examine the application, with reference to the Rules, that were in force, as on the date of the application. The matter was accordingly re-examined and the 4th respondent issued the C.D.C, and on production of the same, the petitioner was reinstated into service, on 06-12-2005. The petitioner submitted representation on 04-06-2007 to the 1st respondent with a prayer to pay the salary from 10-05-2003 to 06-12-2005. He pleaded that he was kept out of service for no fault of his. He further pleaded that even though he was discharged from the duties, the relationship of master and servant continued to exist. The grievance of the petitioner is that no action has been taken on his representation, so far. Heard Sri Rajashekar, learned counsel for the petitioner, and Sri J. Ashok Kumar, learned counsel for the respondents. Reliance is placed upon the judgment of the Supreme Court in Burn Standard Company Ltd., v. Tarun Kumar Chakraborty[1], wherein it was held that whenever an employee is kept out of service, for no fault of his, the employer shall be under obligation to pay the salary for that period. The fact, however, remains that as late as on 18-06-2007, the 1st respondent informed the petitioner that the representation dated 04-06-2007 is under consideration. The petitioner has been denied the salary for about 2 ½ years. It cannot be said that there is no urgency in the matter; and the representation cannot be kept pending indefinitely. Hence, the writ petition is disposed of, directing the 1st respondent to pass appropriate orders on the representation dated 04-06-2007, submitted by the petitioner, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.15-04-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} [1] (2002) 10 SCC 585