THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 20048 of 2009 Dated: 5-7-2010 Between: The Government of A.P., rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and another …Petitioners and D.V.Rama Narasimha Chary, retd. Mandal Revenue Officer, Hanamkonda, Warangal District and another. …Respondents ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) This writ petition by the State is directed against an interim order dated 2-4-2009 in O.A.No. 4983 of 2009 filed by the 1st respondent herein whereby G.O.Ms.No.1208 Revenue (VIG.VI) Department dated 20-10-2008 (imposing the punishment of withholding of entire pension and gratuity under the provisions of the AP Revised Pension Rules, 1980) is suspended and the petitioners directed to continue to pay the 1st respondent provisional pension, pending finalisation of the Criminal Appeal pending before this Court. The relevant facts are that the 1st respondent, working as a Mandal Revenue Officer (MRO) was prosecuted in C.C.No. 12 of 1995 on the file of the Principal Special Judge for SPE and ACB Cases, Hyderabad on the basis of a trap laid against him. By the judgment dated 28-6-2005 he was convicted. Thereagainst the 1st respondent preferred Criminal Appeal No. 1045 of 2005 before this Court. This Court granted interim suspension of the sentence imposed against the 1st respondent, in Crl.A.M.P.No.1099 of 2005, on 13-7-2005. Meanwhile the 1st petitioner, on the basis of the conviction, issued G.O.Ms.No. 1208 dated 20-10-2008 imposing the punishment of withholding of the entire pension and gratuity. After obtaining suspension of the sentence in Crl.A.No. 1045 of 2005 from this Court, the 1st respondent approached the Tribunal in O.A.No. 4983 of 2009 contending that as the sentence imposed by the trial court is eclipsed on account of the suspension of the sentence by this Court in Crl.A.No. 1045 of 2005, the penalty of withholding the entire pension and gratuity is rendered illegal. The Tribunal, by the order impugned herein suspended the order passed in G.O.Ms.No. 1208 dated 20-10- 2008 directing the petitioners to continue to pay the provisional pension to the 1st respondent. It is now represented by the learned Government Pleader for Services-II that by the order dated 23-12-2009, OA No. 4983 of 2009 was disposed of finally, that the order in G.O.Ms.No. 1208 dated 20-10- 2008 has been set aside, as also the consequential order of the CCLA in letter dated 4-3-2009 and the petitioner herein is directed to pay provisional pension to the 1st respondent till finalisation of the Criminal Appeal pending before this Court. In the light of this development, the grievance urged in this writ petition, which is against an interim order had ceased to subsist on the final disposal of O.A.No. 4983 of 2009. The writ petition is accordingly dismissed as infructuous. However, the petitioners are at liberty to seek appropriate remedy as against the final order passed by the Tribunal in O.A.No. 4983 of 2009. No costs. _________________________ GODA RAGHURAM, J _________________________ R. KANTHA RAO, J 5th July, 2010. GRR