IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 28195 of 2008 Between: A. Jayaprasada Rao, S/o. Late Veeraiah, R/o. D.No. 8-444-A, 2nd Lane, Bhavani Street, Nirmal Nagar, Ongole - 2, Prakasam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Panchyat Raj Department, Secretariat Buildings, Hyderabad. 2 The Commissioner, Panchayat Raj, Hyderabad. 3 The Chief Executive Officer, Zilla Parishad, Ongole, Prakasam District. .....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 an appropriate Writ order or direction more one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in withholding the petitioner's pension and gratuity from 1996 on the ground of misappropriation with out conducting any enquiry as illegal, arbitrary and against principles of natural justice and pass Counsel for the Petitioner:MRS.K.LALITHA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 28195 OF 2008 ORDER: 1. This writ petition has been filed assailing the action of the respondents in withholding the pension and gratuity. 2. Indisputably, the petitioner retired as a Government Servant. The Administrative Tribunal Act excludes the jurisdiction of any other Forum or Court in relation to service matters of the employees of the Government. 3. Since the petitioner is a Government Servant, he has to approach Service Tribunal for the relief sought for by him. 4. Accordingly, this writ petition is dismissed reserving liberty to the petitioner to approach the service Tribunal. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 28th January, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 28195 OF 2008 28th January, 2009.