THE HON’BLE SMT. JUSTICE P.SREE SUDHA WRIT PETITION No.22562 of 2010

ORDER:

This writ petition is filed declaring the inaction of respondent Nos.2 and 3 in not paying an amount of Rs.2,33,178 @ Rs.21,198 per month for 11 months i.e., from 26.11.2008 to 31.10.2009 towards @ 45.5% of basic pay per month for the perks and allowances and Rs.9,000/- (@ Rs.500/- per month) towards deputation allowance and Rs.52,966/- towards difference amount in the setting in allowance and an amount of Rs.5,490/- @ Rs.305 per month towards LPG refill reimbursement and in total Rs.3,00,634/- with interest as being illegal and arbitrary.

2. On 11.02.2025 heard the arguments of the learned counsel for the petitioner but it was not reflected in the proceeding sheet and today the matter is posted for the arguments of learned counsel for the respondent Nos.2 and 3 but he did not turn up. Therefore, arguments from the learned counsel for the respondent Nos.2 and 3 are treated as nil.

3. The brief facts of the case are that the writ petitioner herein is a permanent employee of Singareni Collieries Company Limited/respondent No.4 and while he was working as Deputy Superintendent (Analytical) in the grade of E5 at Regional Laboratory, Kothagudem, he submitted an application on

12.12.2007 to the Chairman and Managing Director of Singareni Colleries Limited, Kothagudem to work on deputation in respondent No.2 organization and sent advance copy to the respondent No.2 and in turn the respondent No.2 had requested the respondent No.4 to issue deputation orders to enable the petitioner to join in their organization on deputation initially for a period of one (01) year vide letter No.INCAP/B/Deputation of Tech. Staff/47/2005 dated 17.12.2007 and it was open offer and as the respondent No.2 has not stipulated any terms and conditions of the deputation, petitioner accepted the said offer and on 25.03.2008, and he continued on deputation in respondent No.2 organization as Manager (Environment) on 10.04.2008 as per the terms and conditions of the deputation and again he was sent to the parent organization on 21.04.2008. He further stated that no option of pay structure was called for within one month from the date of appointment and he exercised his option to pay stray structure of his parent organization. He stated that respondent No.2 informed that the pay and scale of pay admissible from time to time to the officer in his parent department just preceding his joining duty in this corporation will be protected. When petitioner requested for deputation allowances, respondent No.2 informed that it is waiting for the clarification from the parent organization- respondent No.4. It is further submitted that the petitioner was given promotion on 18.02.2009 in which respondent No.2 stated as follows:

“However this re-designation of the officer will not confer any additional benefits to him in this corporation except whatever benefits he is normally eligible in his parent organization.”

4. It is further contended that deputation of the petitioner was extended for a period of one from 10.04.2009 to 09.04.2010 vide Ref. No.CRP/PER/C/013/807 dated 08.04.2009 and he gave representation and requested for perks and allowances. They want to ensure about the deductions and subscriptions and after getting the details also they repatriated him vide proceedings dated 23.09.2009.

5. Learned Standing Counsel for respondent No.4 present and represented that petitioner has already withdrawn the arrears of pay, Dearness Allowance and House Rent Allowance. However, there is no representation on behalf of respondent Nos.2 and 3.

6. Admittedly, petitioner is a permanent employee of respondent No.4 Corporation but he was deputed to work in respondent Nos.2 and 3 organization initially for a period of one year and deputation was extended which is reflected under Ex.P.9 and certain terms and conditions were imposed on him. The main grievance of the petitioner herein is that amounts were not paid to him