THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.15716 OF 2009 ORDER: (Per Sri Justice Vilas V. Afzulpurkar) This writ petition is directed against the order of the Andhra Pradesh Administrative Tribunal in O.A.No.5135 of 2009, dated 9.4.2009, in issuing notice to the respondents returnable in two weeks while admitting the O.A. The grievance of the petitioner is that his request for grant of interim relief was not considered by the Tribunal in spite of the fact that the petitioner has already retired from service and he has suffered with severe paralytic attack and also undergoing Open Heart surgery and virtually on deathbed. The petitioner asserts that there is no case pending against him, as such under Rule 52 of A.P.Revised Pension Rules, 1983 the respondents are bound to release at least provisional pension even if any disciplinary proceedings is contemplated are said to be pending. Having regard to the facts and circumstances of the case, we are of the opinion that the order impugned shows that the Tribunal has ordered notice to the respondents returnable in two weeks and posted the matter on 27.4.2009. Thereafter, the matter underwent several adjournments. However, the order of the Tribunal impugned does not warrant interference, as it is an order passed within its jurisdiction and discretion. So far as the difficulties regarding non-release of provisional pension, as expressed by the petitioner, is concerned, we give liberty to the petitioner to mention the same urgency before the Tribunal on the next date of hearing and we are sure that the Tribunal would consider the matter in proper perspective and grant appropriate relief to the petitioner. Subject to the above observation, the writ petition is dismissed. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 4.8.2009 kpr