C VENKATASWAMI Vs. ANDHRA PRADESH STATE ELECTRICITY BOARDOARD

JUDGEMENT

(1.) In this writ petition, the petioners seek the issue of a writ of Mandamus directing the respondents not to entorce the proceedings in B.P.Ms. No. 349 dated 31-3-1978 ot the Andhra Pradesh State Electricity Board (hereinafter relerred to as the Board) and to issue a direction to the respondents to pay deputation allowance to the petitioners at the rates mentioned in the orders 01 the Government ol Andbra Pradesh (hereinafter referred to as the Government) in G.O.Ms, No. 1246, (Public Works) (Ser. III) Department, dated 17-12-1974 and G.O Ms. No. 204 (Finance and Planning) (Fin. Wing. (F.R. 11) Department dated 21-5-1976 with effect from 29-6-1970 till the petitioners are repatriated to their parent department.

(2.) The facts which are not in dispute ate as follows :The petitioners who are 108 in number belong to various categories, of Executive Engineers, Assistant Engineers, Junior Engineers and Supervisors of the Public Works Department ot the Government ot Andbra Pradesh and they are presently working on deputation in the Andhra Pradesh State Electricity Board which is a statutory body constituted on 1-4-1959 under the provisions ot the Indian Electricity Supply Act, 1948.

(3.) In G.O.Ms. No. 193, Finance (F.R.) Department, dated 29-6-70, the Government issued orders with regard to grant of deputation (duty) allowance to Government employees translerred on the deputation to other Governments/Departments/Companies/Corporations, etc. By this order, the Government directed tnat the period of deputation ot the Government servant snail be subject to a maximum period of three years with a provision for extention upto one year in certain circumstances and that deputation allowance shall be paid at the rate of 10 per cent of the employee's basic pay subject to a maximum ot Rs. 150/-. It appears, the Government employees who were on deputation to the Board, including some of the petitioners herein, made a representation to the Board tor payment ot deputation allowance. But that representation was rejected by the Board on 15-6-1972. There upon, some of the petitioners herein and others filed a writ petition, W.P. No. 4732/72 in this Court, seeking the issue of a writ of Mandamus directing the respondents herein, viz., the State of Andhra Pradesh, the Board and the Chief Enginner (General) P.W.D., to pay deputation allowance to them in accordance with the provisions of G.OMs.No. 193 dated 29-6-1970. That writ petition was allowed by my learned brother, Maktadar J., by judgment dated 1-8-1974 and a direction was issued to the respondents to pay the deputation allowance to the petitioners therein, in accordance with G.O.Ms. No. 193 dated 29-6-1970.