IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12785 of 2008 Between: B. Viswanatha Reddy, S/o. Narayana Reddy, HIndu, Kalasamudram Branch, R/o. No. 13-280, Sunnapu Geri, Tadipatri, Ananthapur District. ..... PETITIONER AND 1 The Andhra Pragathi Grameena Bank, Rep. byits General Manager, Opp: Officers Club, Near Lakshmiranga Theatre, Kadapa. 2 The Senior Manager, Andhra Pragathi Grameena Bank, Opp: Officer's Club, Near Lakshmiranga Theatre, Kadapa. .....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 to issue any Writ, order or direction particularly one in the nature of MANDAMUS declaring the action of the Respondents in deducting the amounts including compulsory deductions from the subsistence allowance of the Petitioner as illegal, arbitrary, amounts to victimsation, capricious, bad in law, violative of principlesof natural justice and also Art. 14 and 21 of the Constitution of India and consequently direct the Respondents to payhim the subsistence allowance without any deductions with effect from 18-1-2008 and pass Counsel for the Petitioner:DR.P.B.VIJAY KUMAR Counsel for the Respondent No.: MR.K.SRINIVASA MURTHY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12785 of 2008 ORDER: The petitioner is working as a Clerk-cum-Cashier in Andhra Pragathi Graamena Bank, at its Kalasamudram Branch. He was placed under suspension, through orders, dated 17.01.2008. In that view of the matter, he is being paid subsistence allowance at 1/3rd of the basic pay. The grievance of the petitioner is that the respondents are effecting substantial deductions, leaving hardly Rs.4,000/- as subsistence allowance for him. It is stated that the petitioner is finding it difficult to maintain himself and his family with the meager amount. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. The basic pay of the petitioner is Rs.13,210/- and he was drawing substantial amount together with the allowances. On account of his being placed under suspension, the salary is to be paid at 1/3rd of the basic pay, which comes to Rs.6,189/-. As of now, the petitioner is being paid only Rs.4,264.32 ps., after deducting a sum of Rs.1925/-. Out of this, Rs.1750/- is towards compulsory deductions and Rs.175/- is towards optional deductions. It is not as if the respondents have effected all the deductions, that were made before the petitioner came to be placed under suspension. A perusal of the pay bills of the petitioner discloses that in the ordinary course, a sum of Rs.5,620/- is to be deducted compulsorily and about Rs.3650/- as optional. As against this, only part amounts are being deducted. Therefore, it cannot be said that the respondents have committed any illegality in effecting the deductions, as they did in the pay bills. It is also represented that in the months to come, the subsistence allowance would be enhanced. Therefore, this Court is not inclined to grant any relief to the petitioner at this stage. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 20.06.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12785 of 2008 Date: 20.06.2008 JSU