IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.480 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 12.02.2008 in Writ Petition No.28523 of 2007 on the file of the High Court.) Between: 1. Poosapatirega Primary Agricultural Co-operative Society, represented by its President, Poosapatirega Post and Mandal, Vizianagaram District. .....Appellant And 1. Pyla Appala Naidu, S/o late Demudu, PACS, Poosapatirega Post and Mandal, Vizianagaram District. 2. The Divisional Cooperative Officer, Near R & B Guest House, Vizianagaram, Vizianagaram District. 3. The District Cooperative Officer, Vizianagaram, Collector Complex, Vizianagaram, Vizianagaram District. .....Respondents Counsel for the appellant : Sri Srinivas Polavarapu Counsel for respondent No.1 : Sri S.Siva Prasad Counsel for respondent Nos.2 & 3 : Government Pleader for Co- operation The Court passed the following : JUDGMENT: (per R. Subhash REddy, J.) This writ appeal is filed under Clause 15 of the Letters Patent aggrieved by the order of the learned Single Judge dated 12th February, 2008 passed in Writ Petition No.28523 of 2007. The first respondent in the writ petition is the appellant. The first respondent herein was the Secretary of the appellant Society. The Government issued orders in G.O.Ms.No.226, Agriculture & Co- operation (Coop. IV) Department, dated 29.6.2005 fixing the salaries payable to the Secretaries of Primary Agricultural Co-operative Societies at Rs.7,000/- per month. However, proceedings were initiated under Section 60 of the Andhra Pradesh Co-operative Societies Act, 1964 and an order of surcharge was passed on 7.3.2005 in R.C.No.1/59/2003-C to recover an amount of Rs.1,78,266/- on the ground that the first respondent withdrew excess salary than his entitlement. But, however, when there was a representation from the similarly placed Secretaries, the Government issued an order in G.O.Ms.No.308, Agriculture & Co-operation (Coop. IV) Department, dated 30.12.2006, and it is appropriate to extract the relevant portion of the G.O., for the purpose of disposal of this writ appeal, which reads as under: “The Government, after careful examination of the entire matter, having considered the suggestion of the Commissioner for Cooperation and Registrar of Cooperative Societies, A.P., Hyderabad and taking into consideration of Group of Ministers minutes, hereby permit for treating the payment already made to Paid Secretaries of all Primary Agricultural Cooperative Societies from 1991 as regular expenditure so that the amounts kept under due to accounts and corresponding provision be nullified as there will not be any effect on the financial condition of the society since the amounts were already spent.” Based on the surcharge order dated 7.3.2005, the appellant Society deducted an amount of Rs.4,500/- per month from the salary of the first respondent, and as the said amount was not paid to him, he filed the writ petition seeking a direction for payment of salary in terms of the directions issued by the Government in G.O.Ms.No.226, dated 29.6.2005 with effect from 1.7.2005. The learned Single Judge, taking into account the orders issued by the Government in G.O.Ms.No.308, dated 30.12.2006, disposed of the writ petition directing the appellant Society to pay salary to the petitioner (respondent No.1 herein) from July, 2005 till date as per G.O.Ms.No.226, dated 29.6.2005. In this appeal, it is argued by the learned counsel for the appellant that as much as the Government issued orders on 30.12.2006 in G.O.Ms.No.308, whatever deductions were made by the appellant Society prior to the said date, the first respondent is not entitled to refund of the differential amount. We are not prepared to accept the said contention of the learned counsel for the appellant for the reason that though orders were issued by the Government in G.O.Ms.No.308, dated 30.12.2006, it is categorically stated that excess payment made to the Secretaries of the Primary Agricultural Co- operative Societies from 1991 be treated as a regular expenditure so that the amounts kept under due to accounts and corresponding provision be nullified. In that view of the matter, as it is not in dispute that the deductions were made from the salaries of the Secretaries from 1.10.2005 and further in view of the orders issued by the Government in G.O.Ms.No.308, dated 30.12.2006, the deductions made by the appellant Society are illegal. In view of the above, we do not find any error in the order passed by the learned Single Judge, which warrants interference in this appeal filed under Clause 15 of the Letters Patent. The appeal is devoid of merits and is accordingly dismissed. No order as to costs. ANIL R. DAVE, C.J. 2nd July, 2008 R.SUBHASH REDDY, J. ….REGISTRAR To 1. The Divisional Cooperative Officer, Near R & B Guest House, Vizianagaram, Vizianagaram District. 2. The District Cooperative Officer, Vizianagaram, Collector Complex, Vizianagaram, Vizianagaram District. 3. Two copies to the Govt. Pleader for Co-operation, High Court Buildings, Hyderabad (OUT). 4. Two C.D. copies. ARS