THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.1549 of 2009 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This Writ Petitioner, who is not a party before the Administrative Tribunal, filed the Writ Petition seeking to issue Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the order dated 28-05-2008 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, ‘Tribunal’) in O.A. No.3822 of 2005 (not O.A. No.3822 of 2002) and to quash the same as illegal and arbitrary. One Smt.V.Lingamma approached the Tribunal under Section 19 of the Administrative Tribunal Act, 1985, to direct the respondents 2 and 3 to initiate proceedings for release of death-cum-retirement gratuity and family pension benefits, immediately, which are due to her, as the wife of the deceased employee late Shri V.Arjun, as per the orders of the Hon’ble High Court of A.P. in C.M.A. No.1072 of 2000 dated 14-02-2005 and grant all other benefits. The Tribunal, after hearing both sides, allowed the O.A. directing the respondent authorities to initiate proceedings for sanction and release of death-cum-retirement gratuity, family pension and other retiral benefits in respect of the deceased father of the applicant V.Arjun to the applicant by treating him as the sole legal heir of the said Arjun and further directed to complete the above process within a period of three months from the date of receipt of a copy of that order. The learned counsel for the writ petitioner contended that the writ petitioner is the son of V.Narasamma, who is the second wife of V.Arjun. The Writ petitioner is not a party to the proceedings before the Tribunal. Inasmuch as the Tribunal has rendered the judgment pursuant to the judgment rendered by this Court in C.M.A. No.1072 of 2000 that V.Lingamma is the first wife of V.Arjun, the Tribunal has rightly directed the respondent authorities to initiate proceedings for sanction and release of death-cum-retirement gratuity, family pension and other retiral benefits in respect of the deceased father of the applicant V.Arjun to the applicant. We are not going into the legality or otherwise of the matter, inasmuch as the Writ Petitioner is not a party before the Tribunal. We deem it appropriate to direct the writ petitioner to pursue the remedies available under law before the appropriate forum. Accordingly, the Writ Petition is dismissed. No order as to costs. ____________________ GHULAM MOHAMMED, J. ________________ SANJAY KUMAR, J. Date : 09-02-2009. SKMR IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 1549 of 2009 Between: V.Durga Kiran S/o.V.Arjun R/o.277/C-P. Type, NRR puram Colony, Sight I, Borabanda, Hyderabad-18. ..... PETITIONER AND 1 V.Yadagiri S/o.late V.Arjun R/o.Thunki Bolaram, Mulugu Mandal, Medak District. 2 Government of Andhra Pradesh, represented by its Principal Secretary, Finance Department, Secretariat, Hyderabad. 3 The Government of Andhra Pradesh, represented by its Joint Secretary, Finance Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of Certiorari calling for the records relating to the Judgment of the Administrative Tribunal in O.A.No.3822 of 2005 (not O.A.No.3822 of 2002), dated 28.5.2008 and set-aside the same and consequently hold that the petitioner also entitled for share in the death-cum-retiremental benefits and also in compassionate appointment consequent on death of his father late V.Arjun on the basis of Judgment of the Hon'ble Apex Court and pass such other and further orders. Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following :