THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.3604 of 2010 ORDER: The petitioner served Indian Air Force and retired from it in 1987. Thereafter, he was employed as Load Surveyor in Rayachoti Electricity Supply Company, which, in turn, was merged in the A.P. Southern Power Distribution Company Limited, respondent No.2 herein. Even from that service, he retired on 31.01.2009. Respondent No.4 herein issued a Memo, dated 04.08.2009, stating that the petitioner was extended the pay scale in excess of his entitlement to the tune of Rs.2,53,750/-. The petitioner was required to explain as to why the said amount be not recovered from the gratuity. As a matter of fact, the gratuity was withheld to the petitioner. The petitioner submitted his objections/representation on 31.08.2009. He challenges the Memo, dated 04.08.2009. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The impugned memo is not properly worded. After furnishing the particulars of the excess amount said to have been paid to the petitioner, in the penultimate paragraph, it was mentioned that the said amount is recovered from the gratuity payable to the petitioner. In the last paragraph, the petitioner was required to submit his explanation. Both the things cannot go together. The recovery said to have been affected can be treated as the one of withholding the gratuity. The petitioner has already submitted his explanation. Respondent No.4 has to take the same into account and pass appropriate orders. He cannot treat the memo as a final step for recovery. Hence, the writ petition is disposed of, directing respondent No.4 to pass orders on the basis of the memo dated, 04.08.2009, and the explanation submitted by the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. The further steps would depend upon the outcome of the said order. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:25.08.2011. Note: Issue cc in three days. (B/o) kdl