T. Narasimha v. The Government of Andhra Pradesh
Case brief
What is this about?
The High Court disposed of a writ petition challenging the Administrative Tribunal's refusal to grant interim relief suspending the withholding of a petitioner's pension. The Court held the matter was premature pending counter affidavits and directed the Tribunal to dispose expeditiously.
What the court decided
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.8526 OF 2014
ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)
This writ petition is filed seeking to issue writ of Certiorari calling for the records pertaining to the order, dated 30.1.2014, in O.A.No.8188 of 2013 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”) along with letter No.11659/C2/2010/13, dated 18.10.2013, issued by respondent No.3 and quash the same, and consequently, direct respondent Nos.1 to 4 to release petitioner’s pension with all benefits ancillary and incidental thereto.
2. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to set aside the letter, dated 18.10.2013, issued by respondent No.3 as illegal and arbitrary and consequently, direct respondent Nos.3 and 4 to release his pension forthwith. As an interim measure, he sought to suspend the letter, dated 18.10.2013, and direct respondent Nos.3 and 4 to release his pension forthwith pending disposal of the Original Application.
3. The Tribunal, upon considering the material on record, rejected the interim relief claimed by the petitioner holding that balance of convenience does not lie in his favour. Challenging the same, the present Writ Petition is filed by the applicant.
4. Learned counsel for the petitioner/applicant contended that 17 years after the retirement of the petitioner, the letter, dated 18.10.2013, was issued by respondent No.3 without any jurisdiction; that respondent No.3 has no authority to issue such a letter stopping the
Issues for consideration
2 issues framed by the court
Whether the Tribunal could have granted interim relief suspending the withholding of the petitioner's pension pending disposal of the Original Application.
Whether the High Court should have interfered with the Tribunal's refusal of interim relief in a writ petition filed against an order withholding pension.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent Nos. 1 to 4
- respondent
State of Andhra Pradesh
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · March
- Registered
- Case no.
- WP/8526/2014
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