THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.326 of 2004 ORDER: The petitioner worked as Secretary in Chabolu Primary Agricultural Cooperative Society, Nandyal Mandal, respondent No.2 herein. He retired from service on 30.06.2001. Respondent No.1 issued a show cause notice, dated 12.08.2003, under Section 60 (1) of the A.P. Cooperative Societies Act, 1964 to the petitioner alleging that he has withdrawn a sum of Rs.78,688/- towards encashment of earned leave and Rs.1,96,990/- towards gratuity, though he is not entitled for the said amounts. On behalf of the petitioner, his Advocate submitted a reply stating the basis for withdrawal of the said amounts. Respondent No.1 passed an order, dated 03.12.2003, directing recovery of the entire amount referred to above with interest at the rate of 18% per annum. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. The petitioner is said to have been paid the amounts referred to above, on the basis of a resolution, dated 30.06.2001, passed by the General Body of respondent No.2-Society. However, whether the resolution, by itself, would confer right on the petitioner to receive the said amounts, needs to be examined. The impugned order is not clear as to whether the petitioner was not entitled to be paid any amount at all, under those heads or whether he has received any amount in excess of his entitlement. Straightaway, the entire amount is directed to be recovered. Strictly speaking, the petitioner has to avail the remedy of appeal. The petitioner has already retired from service and since the scope of the area of controversy is limited, this Court is of the view that the matter can be remanded to the limited extent of verification of the entitlement of the petitioner. Therefore, the writ petition is disposed of, upholding the jurisdiction of respondent No.1 in initiating the proceedings, but directing him to determine as to what exactly is the amount, which the petitioner is entitled to towards encashment of earned leave and gratuity. Such determination shall take place by issuing notice to the petitioner, within a period of six (6) weeks from the date of receipt of the notice. Since the direction is issued by this Court, the determination that may be made by respondent No.1 shall be treated as final and it shall not be subject to any further appeal or remedies. The amount so determined shall be liable to be recovered in accordance with law. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:16.09.2010. kdl