IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 27 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/08/2008 in WP NO : 5967 OF 2007 on the file of the High Court.) Between: N.Venkateswarlu S/o.Late Narayana O/o. A.P. Central Power Distribution Company Ltd., R/o.H.No.10-77, Gayathri Nagar, Vaishalinagar (PO) Karmanghat, Hyderabad -79. ..... APPELLANT AND 1 Superintending Engineer (Operations) A.P. Central Power Distribution Co. Ltd., Ranga Reddy (South) Budha Bhavan, Secunderabad. 2 Divisional Engineer, Electrical Operations A.P. Central Power Distribution Co. Ltd., Saroornagar Division, Saroornagar, R.R. District. 3 Divisional Engineer, Electrical Operations A.P. Central Power Distribution Co. Ltd., Rajendra Nagar, Division, Ranjendranagar R.R District. .....RESPONDENT(S) Counsel for the Appellant:MR.C.S.K.V.RAMANAMURTHY Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Division Bench of this Judgment follows Court made the following : on 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 27 of 2009 JUDGMENT : (Per the Hon’ble Smt.Justice T.Meenakumari) The writ appeal is filed against the order dated 28-8-2008 passed by the learned single Judge in WP.No.5967 of 2007 whereby the learned single Judge while disposing of the said writ petition directed that the respondents shall pay subsistence allowance to the petitioner w.e.f. 01-4-2008, till the conclusion of the disciplinary proceedings. Further the learned single Judge observed that the subsistence allowance from 01-4-2008 to 30-8-2008 shall be paid to the petitioner through a cheque on 01-9-2008 by handing over the cheque to the learned counsel for the petitioner and that the manner in which the period earlier thereto shall be subject to the out come of the disciplinary proceedings. 2. The main writ petition is filed seeking a writ of mandamus to direct the respondents to permit the petitioner to report to duties at a place where there can be proof of attending to duties and pay salary regularly from month to month treating the petitioner as on duty from 10-11-2006 onwards and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. 3. When the matter came up today, the learned counsel for the appellant submitted that though disciplinary proceedings is pending, no final orders are passed till now. 4. The learned standing counsel for the respondents submitted that in pursuance of the order passed by the learned single Judge in the main writ petition, the respondents have complied the directions given by the learned single Judge by paying the amount to the appellant and that he has received the same. Hence, nothing survives in this writ appeal. 5. Under the above circumstances, no cause of action survives and the writ appeal has become infructuous and accordingly the same is dismissed. No costs. ____________________________ JUSTICE T. MEENA KUMARI. ___________________________ JUSTICE VILAS V. AFZUL PURKAR. 27-04-2009 I s L