IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.6834 of 2000 Between: T.Ram Mohan, S/o.late T.Sundara Murthy, R/o.2-7-227, Excise Colony, Subedari, Hanamkonda, Warangal District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep.by its Secretary to Government, Transport, Roads and Buildings Department, Secretariat, Hyderabad. 2 The Accountant General, Andhra Pradesh, Hyderabad. 3 The Engineer in Chief, Roads and Buildings, (Administration), Andhra Pradesh, Hyderabad. .....RESPONDENT(S) 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 Writ of Mandamus directing the respondents to release death cum retiremental gratuity along with interest at the rate of 18% and also award exemplary costs for not paying the gratuity to the petitioner on his retirement by setting aside the orders of the Tribunal, Dt.2/8/99 in OA.No.4618/99 in so far as it relates to refusing to direct the respondents to pay the gratuity and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.J.R.MANOHAR RAO Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.6834 of 2000 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed seeking a Writ of Mandamus to direct the respondents to release death-cum-retiremental gratutity along with interest at the rate of 18% per annum by setting aside the order of the Tribunal in O.A.No.4618 of 1999, dated 02-08-1999. Learned counsel for the petitioner submits that the respondents issued show-cause notice dated 08-01-1999 to the petitioner holding that he is guilty of misconduct warranting severe punishment and that the respondents provisionally decided to impose a punishment of 25% cut in his pension. Pursuant to the said notice, the petitioner submitted his explanation. But, so far, no final orders are passed. It is further stated that death cum retiremental gratuity is also not paid on the ground that disciplinary proceedings are pending. Learned Government Pleader appearing for the respondents submits that final order was already passed by the Government in G.O.Ms.No.99, dated 17-07-2000, imposing punishment of 25% cut in the pension of the petitioner and that death cum retiremental gratuity, family pension and superannuation pension were already directed to be released and the authorization of Accountant General, Andhra Pradesh, Hyderabad is awaited as per letter, dated 29-08-2000. As the final orders in the disciplinary proceedings were already passed by the Government in G.O.Ms.No.99, dated 17-07-2000 and that death cum retiremental gratuity, family pension and superannuation pension were already directed to be released to the petitioner, we are of the opinion that nothing survives in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. However, if the aforesaid amounts are not released and if the petitioner is aggrieved by the final order of the Government in G.O.Ms.No.99, dated 17-07-2000, it is always open to the petitioner to question the same. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 22-07-2009 Prv