has drawn provident fund of Rs.1,15, 366/-in excess of his entitlement and thereby ordered for recovery of the said amount from the gratuity amount payable to the petitioner. Aggrieved by the same, the petitioner filed O.A.No.8788 of 2001 before the Andhra Pradesh Administrative Tribunal and the same was disposed of by order dated 3.1.2002 directing the respondents to take necessary steps with regard to conducting of an enquiry for the alleged irregularity against the petitioner and also for release of his pensionary benefits, if he is otherwise entitled to such release after the enquiry. Pursuant to the same, the third respondent conducted an enquiry by following the due procedure and concluded that the petitioner has drawn Rs.1,18,865/- over and above of his entitlement. Pursuant to the same, the third respondent issued notice dated 12.09.2002 directing the petitioner to repay the said amount or else, the same would be deducted from the pension and gratuity payable to him (petitioner). Questioning the same, the petitioner filed O.A.No.10341 of 2002 before the Andhra Pradesh Administrative Tribunal. The said OA was allowed through order dated 4.3.2009 by setting aside the notice dated 12.09.2002 and directing the third respondent to conduct fresh enquiry in the matter after obtaining permission from the Government and pass appropriate orders in accordance with law. However, the third respondent has not conducted any fresh enquiry in terms of the said order. It was the case of the petitioner that pension and gratuity are not attachable nor can they be withheld except as provided in Andhra Pradesh Revised Pension Rules, 1980. Challenging the action of the third respondent in not conducting fresh enquiry in terms of the order dated 4.3.2009 passed in O.A.No.10341 of 2002, the petitioner once again approached the
