IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5109 of 2008 Between: 1 A.Hanumantha Prasad S/o.A.Balaram Murthy CMPFO Kothapet,R.R Dist Hyd 2 B.Srinivas Rao S/op.Late B.Srinivas Murthy R.R Dist Hyd 3 P.L.Prasanna Kumar S/o.Someswar Rao R.R Dist Hyd 4 K.Narahari Reddy S/o.K.Yadav Reddy R.R Dist Hyd 5 M.Prakash S/o.K.Yadav Reddy R.R Dist Hyd 6 M.Laxmi Bai W/o.M.Ramulu R.R Dist Hyd ..... PETITIONERS AND 1 Union OF India Rep.by its Secretary Ministry of Coal Sastri Bhavan New Delhi 2 Coal Mines Provident Fund Organization Rep.by its Commissioner,Jagjevan Nagar Dhanbad 3 The Regional Commissioner Coal Mines Provident Fund Organization Regional Office Kothapet R.R Dist Hyd .....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 declare the action of payment of substance allowances by respondents from 5-10-2007 to 4-1-2008 is illegal and unjust and violative of principles of natural justice and consequently direct the respondents herein to pay the subsistence along with the other service benefits and allowances to the petitioners during their period of alleged suspension from 5-10-2007 to 4-1-2008 while directing to continuously pay the salary and allowances with all service benefits by providing work at Regional office Hyderabad else petitioners will suffer grave and irreparable loss. Counsel for the Petitioners:MR.SRINIVAS EMANI Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioners are the employees of Coal Mines, Provident Fund Organization. Some disputes arose as to the place of functioning of the branch office of the organization, which hitherto was functioning at Hyderabad. In the recent past, it is said to have been shifted to Godavarikhani, to effectively serve the persons employed in the coal mines. The petitioners are on strike with effect from 17.07.2007. They state that they have been placed under suspension, but are not being paid the subsistence allowance. They seek appropriate directions, in this regard. Heard learned counsel for the petitioners and learned Standing Counsel for the respondents. The petitioners did not mention the date on which they have been placed under suspension, much less did they file copies of the orders of suspension, dated 05.10.2007, through which they were placed under suspension on disciplinary grounds. The petitioners came to be allotted by way of transfer, or otherwise to various regional offices. The 5th petitioner is said to have joined the place to which he has been allotted. On their part, the respondents did not deny their obligation to pay the subsistence allowance to the petitioners and it is urged that the petitioners have to collect the subsistence allowance at the regional office to which they are now posted. After perusing the record, this Court felt that for the present the petitioners can be paid subsistence allowance at Godavarikhani. Learned counsel for the petitioners expressed some reservation about such a course. Inasmuch as there is no denial of the responsibility on the part of the respondents to pay the subsistence allowance, the Writ Petition is disposed of directing that, in case petitioners 1 to 4 and 6 approach the office of the respondents at Godavarikhani, the respondents shall pay the subsistence allowance every month together with the accrued arrears. There shall be no order as to costs. ____________________ Dt.09.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Union of India, Ministry of Coal Sastri Bhavan, New Delhi 2 The Commissioner, Coal Mines Provident Fund Organization, Jagjevan Nagar Dhanbad 3 The Regional Commissioner Coal Mines Provident Fund Organization Regional Office Kothapet R.R Dist Hyd 4.2CD copies Form-NIC-OGS/WP{BMR}