THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE B.N.RAO NALLA WRIT PETITION NO.694 OF 2007 ORDER: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard Sri J.P.Srikanth, learned Standing Counsel appearing on behalf of the petitioners and Sri Penjuri Venugopala Rao and Sri Bathula Rajkiran, learned counsel for the respondents. The petitioners are the respondents in an application filed by the first respondent herein under Section 19 of the Administrative Tribunals Act, 1985, before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad {“the Tribunal” for brevity}, in O.A.No.237 of 2005, which was allowed as per the order dated 19.12.2005, wherein the orders dated 09.10.2003, 07.03.2005, 17.02.2000 and 29.12.2004 and other incidental orders, which have been cited, are assailed. The grievance of the first respondent was to the effect that the question of any recovery of reimbursement does not arise. While allowing the said O.A., it was found that though the order dated 29.12.2004 would show the reasons for rejecting the representation of the applicant, while passing the order, the authority failed to consider the direction of the Tribunal in O.A.No.1206 of 2003 to consider and dispose of the representation in relaxation of rules by taking into consideration the fact that the mother of the applicant is also a family pensioner and a CGHS card holder. Hence, the Writ Petition. Having heard on either side and on perusal of the material available on record, we are of the view that since there is no decision on merits even at this juncture and the only direction given by the Tribunal is to reconsider the first respondent’s case in terms of the order passed in O.A.No.1206 of 2003, we do not find any justification to interdict with the same. It is always open for the petitioners to pass fresh orders on merits, after giving notice and opportunity. Subject to the above, the Writ Petition is dismissed. No costs. It is needless to mention that having regard to the observation made by the Tribunal itself, till the disposal of the said O.A., no recovery shall be made. _________________ (B.PRAKASH RAO, J) ________________ (B.N.RAO NALLA, J) 8th September 2010 RRB