The Divisional Forest Officr, (Territorial),Nirmal, v. Sri A.Narsing Rao,

THE HON'BLE SRI JUSTI CE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL WRI T PETI TI ON No.7682 of 2004 Between:

The Divisional Forest Officer (Territorial), Nirmal, Adilabad and others ..Petitioners and A.Narsing Rao, Retired Forester, Nirmal, Adilabad District ..Respondent Counsel for the petitioners: Government Pleader for Services I Counsel for the respondent: Mr.D.Linga Rao The Court made the following:

CVNR,J & MSKJ,J W.P.No.7682 of 2004 ORDER: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) The order of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short 'the Tribunal') directing payment of pension to the respondent is assailed in this writ petition. 2.

The petitioners pleaded that the Tribunal has not taken into consideration, certain events, which took place during the pendency of the O.A., including holding of enquiry and submission of the enquiry report by the enquiry officer in the disciplinary proceedings initiated against the respondent.

3.

At the hearing, Mr.D.Linga Rao, learned counsel for the respondent, has submitted that according to his information, the respondent died about two months back. He has further submitted that as per Rule 9(8) of the Andhra Pradesh Revised Pension Rules, 1980 introduced by G.O.Ms.No.76, Finance (Pension-I) Department, dated 02.05.2011, in case of death of an employee before an order in the disciplinary enquiry is passed, the whole proceedings shall abate. The said rule reads as under:

"When a Government servant dies before conclusion of the disciplinary proceedings, the family pension beneficiary or legal heir is entitled to receive the balance of 25% or remaining part of the full pension, as the case may be, and the further proceedings shall abate(d)."

Admittedly, final order has not been passed in the disciplinary proceedings so far. In view of the same, the whole disciplinary proceedings initiated against the respondent got abated. In this view of the matter, the cause in the writ petition does not survive for adjudication.

CVNR,J & MSKJ,J W.P.No.7682 of 2004

4. The Writ Petition, accordingly, stands disposed of both as abated as well as infructuous.

5.

As a sequel to disposal of the writ petition, interim order, dated 17.01.2005, in W.P.M.P.No.10012 of 2004, is vacated and W.P.M.P.No.10012 of 2004 filed by the petitioners for interim relief shall stand disposed of as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J _______________________________ M.S.K.JAI SWAL, J 10th August, 2017 GHN