THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 21548 of 2009 Date of disposal: 8.12.2009 Between: Government of Andhra Pradesh represented by its Secretary, School Educational Department …Petitioner and A. Jagannatha Rao, SGT (Retd.) and others …Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No. 21548 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) The State Government represented by its Secretary, School Education Department, has filed this writ petition challenging the order dated 13.3.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal”) in CMA No. 322 of 2008 in CA No. 82 of 2008 in OA No. 6456 of 2004, by which the contempt case in CA No. 82 of 2008 was reopened. The 1st respondent herein has filed OA No. 6456 of 2004 before the Tribunal for realization of full commutation of pension along with interest @ 12% P.A. on the delayed payment of his pensionary benefits and it was allowed by order dated 2.8.2007 directing the writ petitioner herein i.e., State Government represented by its Secretary, School Education Department as well as Chief Executive Officer, Zilla Parishad, Srikakulam and Accountant General, Government of A.P., Hyderabad to grant and release the full commutation of pension to the 1st respondent herein along with interest @ 12% P.A. on the delayed payment of his pensionary benefits from the date of retirement till its realization with all consequential and attendant benefits. Aggrieved by the said order, Zilla Parishad, Srikakulam filed WP No. 20349 of 2007 which was dismissed by this Court by order dated 29.10.2007. Thereafter the Government also filed WP No. 21440 of 2009 against the very self same order of the Tribunal in OA No. 6456 of 2004, dated 2.8.2007 and the said writ petition was also dismissed, granting six weeks’ time to the Government for compliance of the Tribunal’s order. For non-compliance of the said order of the Tribunal, the 1st respondent has filed a contempt case in CA No. 82 of 2008 which was closed on 17.3.2008 as it was reported by the learned Standing Counsel for Accountant General that the order of the Tribunal has been complied with, in view of the order passed on 23.1.2008 in PPO No. 22-013384/SP. As the commutation of pension and pensionary benefits were not granted, the 1st respondent filed CMA No. 322 of 2008 for reopening of the contempt case and the said CMA was allowed and the contempt case was reopened. Against the said order this writ petition is filed. The learned Government Pleader for Services-I appearing for the writ petitioner submits that the Government has issued a Memo No. 6040/SE-Ser.I.2/2007, dated 27.11.2009 and accorded permission to the Commissioner and Director of School Education, A.P., Hyderabad to implement the orders of the Tribunal in OA No. 6456 of 2004 with immediate effect. But the fact remains that the pensionary benefits have not been paid to the 1st respondent so far. As the writ petitions filed by Zilla Parishad, Srikakulam and the Government have already been dismissed by this Court, we do not see any justification on the part of the Government in not implementing the order of the Tribunal. Therefore, the writ petition is without any merit and it is accordingly dismissed. It is open for the 1st respondent to pursue his remedy in the contempt case before the Tribunal. No costs. ______________________ JUSTICE V. ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR Dt. 8.12.2009 KR