THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.2377 of 2010 ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) This Writ of Mandamus is filed seeking to declare the action of the respondents in not implementing the order of the Tribunal in O.A.No.5589 of 1995, dated 16-07-1997, as illegal and arbitrary and consequently to direct the respondents to implement the said order of the Tribunal. The O.A. filed by the 1st petitioner viz., Mohd.Wajid Ali Khan seeking a direction to the respondents to fix appropriate pension on his voluntary retirement from service on 19-07-1958 and to release all pensionary benefits, was disposed of by order, dated 16-07-1997, the operative portion of which reads as follows:- “…. We, therefore, direct the applicant to give a representation to the Secretary, Panchayat Raj Department, enclosing a copy of the Memo, dated 30-03-1984, and all other material available with him to establish the period for which the applicant had worked in the State of Andhra Pradesh with a request to pay the proportionate pension. This representation should be given within a week from today. If the representation is given by the applicant as directed above, the Secretary, Panchayat Raj Department, is directed to take necessary action as warranted under the Rules as expeditiously as possible, in any event, within a period of twelve weeks from the date of receipt of a representation from the applicant in pursuance of this order.” It is stated that pursuant to the said order, the applicant made a representation on 23-07-1997, but the same was not disposed of. Meanwhile, the 1st petitioner-applicant died on 06-02-2001. Thereafter, petitioners 2 to 4 herein, being his legal representatives, filed M.A.No.637 of 2008 seeking to implement the order of the Tribunal, dated 16-07-2001 in O.A.No.5589 of 1995. The said M.A. was dismissed by the Tribunal vide, dated 12-09-2008, on the ground that the M.A. filed for implementation of the order of the Tribunal is not maintainable and the only course open for them is to file an execution application or contempt application that too within one year from the date of receipt of the order of the Tribunal. The petitioners have not questioned the said order of the Tribunal, dated 12-09-2008 in this writ petition. The petitioners have filed this Writ of Mandamus seeking implementation of the order of the Tribunal in the O.A. by considering the representation of the deceased-1st petitioner, dated 23-07- 1997. We are of the opinion that the Tribunal has got the power of contempt and also to execute its own order in accordance with law and in the absence of questioning the said order of the Tribunal, dated 12-09-2008, by appropriate Writ of Certiorari, this writ of Mandamus is not maintainable and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. However, it is open to the petitioners to take appropriate legal steps to question the order of the Tribunal, dated 12-09-2008, or file an execution petition before the Tribunal for getting execution of its order. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 10-02-2010 Prv