IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 8451 of 1999 Between: Mohd.Hussain, S/o Abdul Nabi, R/o Hyderabad. ..... PETITIONER AND 1 Govt. of A.P. General Administration (Pol.B) Department, Rep by its Secretary, Secretariat, Hyderabad. 2 Govt. of A.P Finance Department, Rep by its Secretary, Secretariat, Hyderabad. 3 The Accountant General, Saifabad, Hyderabad. 4 Cheif Accounts Officer, Pension Payment Office, M.J.Road, Hyderabad. 5 Officer in Charge (Records) Non-ISF (GAD), 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 may be pleased to issue a Writ of Certiorari or any other appropriate writ, direction or directions, directing the respondents to pay pension to the petitioner who was the Non-ISF of Ex-Hyderabad State Forces from the date of his demobilization on par with the persons who were sanctioned pension in G.O.Ms.No.75, dt.25.2.94. Counsel for the Petitioner:MR.V.SRINIVAS Counsel for the Respondents: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.8451 of 1999 ORDER: Petitioner claims to have been enlisted in the Ex-Hyderabad Army. It is his case that, after the State of Hyderabad merged with the Union of India, all Army personnel were demobilized, were paid gratuity by the Government and that the State Government had agreed to pay pension to all the Ex-Army men of Hyderabad and had issued G.O.Ms.No.75, dated 25.02.1994. According to the petitioner, since his request for being extended the said benefit was not acceded to, he invoked the jurisdiction of this Court by way of W.P.No.30614 of 1998 and that this Court, by order dated 14.12.1998, had directed the respondents to consider and dispose of the applications within two months. Sri V.Srinivas, learned counsel for the petitioner, would contend that the respondents had sought to cancel G.O.Ms.No.75 dated 25.02.1994, by way of a memo dated 28.04.1999. He would further contend that a Government order, issued in exercise of the powers conferred under Article 162 of the Constitution of India, could not have been cancelled by way of a memo which is more in the nature of internal correspondence. Learned Government Pleader for GAD would place before this Court a copy of G.O.Ms.No.452 dated 02.11.1999 whereby G.O.Ms.No.75 dated 25.02.1994 was cancelled. He would submit that while the Government had, in fact, issued a memo earlier, they had subsequently issued G.O.Ms.No.452 dated 02.11.1999 cancelling the G.O. on which reliance has been placed by the petitioner. Since the claim of the petitioner is based entirely on G.O.Ms.No.75 dated 25.02.1994, and as the same has since been cancelled by G.O.Ms.No.452 dated 02.11.1999, no relief can be granted in the present writ petition and the remedy, if any, which the petitioner has is to challenge the validity of G.O.Ms.No.452 dated 02.11.1999. The writ petition fails and is, accordingly, dismissed. There shall be no order as to costs. _________________________ RAMESH RANGANATHAN,J 13.06.2008 v v To 1 The Secretary, Govt. of A.P. General Administration (Pol.B) Department, Secretariat, Hyderabad. 2 The Secretary, Govt. of A.P Finance Department, Secretariat, Hyderabad. 3 The Accountant General, Saifabad, Hyderabad. 4 Cheif Accounts Officer, Pension Payment Office, M.J.Road, Hyderabad. 5 Officer in Charge (Records) Non-ISF (GAD), Secretariat, Hyderabad. 6. 2CCs to 7. 2CD copies