IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 2378 of 2003 Between: S.Ramachandra Rao, S/o. Late S.V.Subba Rao, O/o. Director of Accounts, Postal, A.P.Circle, Hyderabad, R/o. Door No.58/2 RT, Municipal Colony, Malakpet, Hyderabad. ..... PETITIONER AND 1 The Director of Accounts, (Postal), A.P. Circle, Dak Sadan, Abids, Hyderabad. 2 The Senior Accounts Officer, Administration II, O/o. The Director of Accounts (Postal), A.P.Circle, Dak Sadan, Abids, Hyderabad. .....RESPONDENTS 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 issue an appropriate Writ, Order or direction preferably one in the nature of Writ of Mandamus, declaring the impugned order dated order dated 24-10-2002 made in O.A.No.583/2002 and the consequential order dated 31-12-2001 made in Review Application No.66/2002 along with M.A.791/2002, on the file of the Central Administrative Tribunal, Addl. Bench at Hyderabad and also the order of the 2nd Rspondent herein in Memo.No.83/Admn.II/S.A.I/Med.Adv., dated 15/18-3-2002, ordering recovery of medical advance amount from out of the subsistence allowance payable to the Petitioner, as illegal, arbitrary, contrary to law and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to pay the subsistence allowance payable to the Petitioner, including the arrears forthwith; and pass Counsel for the Petitioner:MR.J.KANAKAIAH Counsel for the Respondents.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO : 2378 of 2003 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to declare the order dated 24-10-2002 made in O.A.No.583/2002 and the consequential order dated 31-12-2001 made in Review Application No.66/2002 along with M.A.791/2002, on the file of the Central Administrative Tribunal, Addl. Bench at Hyderabad and also the order of the 2nd Respondent herein in Memo.No.83/Admn.II/S.A.I/Med.Adv.,dated 15/18-3-2002, ordering recovery of medical advance amount from out of the subsistence allowance payable to the Petitioner, as illegal, arbitrary and contrary to law and consequently direct the respondents to pay the subsistence allowance payable to the Petitioner, including the arrears forthwith. When this matter is taken up for hearing, both the Counsel submitted that an order dated 20.10.2006 has been passed revoking the suspension with immediate effect, pursuant to which, the petitioner has joined duty on 23.10.2006 and therefore, the cause in this writ petition does not survive for adjudication. Recording the above submission, this writ petition is closed. No order as to costs. _______________________ Justice T.Meena Kumari ______________________ Justice S. Ashok Kumar Dated:27.03.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE S.ASHOK KUMAR WRIT PETITION NO :2378 of 2003 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 27/03/2008 ,