IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 12510 of 2009 Between: 1 The Principal Secretary to Government, Health, Medical & Family Welfare Department, A.P. Secretariat, Hyderabad. 2 The Director of Medical Education, Government of Andhra Pradesh, Sultan Bazar, Koti, Hyderabad. ..... PETITIONER(S) AND Dr.C.Rameshwara Prasad R/o.New Bank Colony, Kothapeta, East Godavari District. .....RESPONDENT 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 or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with the order in O.A.No.847/2004, dated 4.4.2009 on the file of the Hon'ble A.P. Administrative Tribunal, Hyderabad and to quash or set aside the same. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) Petitioners question the order of the A.P.Administrative Tribunal in O.A.No.847 of 2004, dated 4.6.2009, which reads as hereunder: “The OA was admitted on 5th February, 2004 and it is filed by a retired employee for release of pension. The respondents have not cared to file a counter in this OA even after a lapse of more than five years. In accordance with the procedure rules of the Tribunal, the respondents have to file counter within a period of 4 weeks from the date of service of notice. In view of the above circumstances, right to file counter by the respondents is forfeited, as the respondents are responsible for not releasing the applicant’s pension and not filing counter. Issue summons to the respondents to appear along with the records to proceed with the hearing of the OA. Post on 29.6.2009.” It is the case of the petitioners that the said O.A was filed in 2004 seeking directions for grant of pensionary benefits and finalization of disciplinary proceedings and the Tribunal granted interim orders on 5.2.2004 for payment of provisional pension and the provisional pension was also paid and the disciplinary proceedings were initiated against the respondent vide G.O.Ms.No.553, Health, Medical and Family Welfare Department, dated 15.10.2005, imposing the punishment of 25% cut in pension permanently. However, the O.A is still pending. While so, the Tribunal by the aforesaid order dated 4.6.2009 forfeited the right of the petitioners to file counter holding that the petitioners are responsible for not releasing the applicant’s pension and consequently issued summons to the petitioners to appear before the Tribunal on 29.6.2009. It is the case of the petitioners that in view of the final orders passed by the Government imposing punishment of 25% of cut in pension permanently vide G.O.Ms.No.553, dated 15.10.2005, and the same was not questioned and therefore it is the case of the petitioners that the subject matter of the O.A. has become infructuous as the disciplinary proceedings were already completed and punishment was imposed. In view of the pendency of the main O.A., we are not inclined to express any opinion on the merits of the case at this stage. Having regard to the facts and circumstances of the case, as the disciplinary proceedings were also completed and punishment was already imposed, we feel it just and proper to set aside the order of the Tribunal so far as it forfeiting the right of the petitioners to file a counter is concerned. Accordingly, the petitioners are permitted to file a counter and also an application to dispense with their appearance before the Tribunal. In view of the fact that the counter could not have been filed in time, which causes much inconvenience to the petitioners, and to avoid such occurrences, we feel it appropriate to direct that action shall be taken against the concerned officials, who are responsible for not taking necessary steps for filing the counter in time. The writ petition is accordingly disposed of. No order as to costs. ________________ V.ESWARAIAH, J. ____________________ P.SWAROOP REDDY, J. 26.6.2009 Note: Issue copy by tomorrow B.O. kpr