IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.7298 of 2009 Between: A.V.M.Reddy ..... PETITIONER AND Union of India and another .....RESPONDENTS Counsel for the Petitioner:MR.K.RAMA KRISHNA Counsel for the Respondents:MR. JAGADEESWARA REDDY FOR MR. A.RAJASHEKAR REDDY, ASSISTANT SOLICITOR GENERAL The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to set aside proceedings, dated 07.03.2009 issued by respondent No.2 and to declare non-payment of arrears of salary on account of Sixth Pay Commission along with interest and subsistence allowance for the month of November, 2008, as illegal and arbitrary. Heard Sri K.Rama Krishna, learned counsel for the petitioner and Sri Jagadeeswara Reddy, learned counsel representing Sri A.Rajashekar Reddy, Assistant Solicitor General, for the respondents. The petitioner, who was a Constable working with respondent No.2 was removed from service by order, dated 02.01.2009. His appeal filed against the said order is pending. In the meantime, he approached respondent No.2 for payment of differential salary on account of revision of pay scales following Sixth Pay Commission recommendations. Respondent No.2 issued the impugned proceedings, wherein he permitted the petitioner to collect a sum of Rs.19,035/- towards 40% of pay and allowance of Sixth Pay Commission arrears along with subsistence allowance for the month of November, 2008 subject to two conditions, namely, he shall vacate the official quarter immediately and submit clearance certificate apart from producing non-employment certificate. Sri K.Rama Krishna, learned counsel for the petitioner submitted that the petitioner already produced non-employment certificate. He, however, pleaded that as the petitioner’s wife is not well and the appeal is pending, the condition to vacate the quarters is arbitrary. The learned counsel for the petitioner has not brought to my notice any provision, which enables the petitioner to continue in the quarter after removal from service on any ground. Therefore, stipulation of the said condition for payment of arrears cannot be said to be arbitrary or unreasonable. Hence, the writ petition is dismissed with the direction to respondent No.2 to forthwith pay the arrears of salary along with subsistence allowance for the month of November, 2008 to the petitioner on his vacating the quarters. As a sequel to dismissal of main petition, WPMP.No.9571 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 8th APRIL, 2009. kvni