IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1412 of 2006 Between: All Saints U.P. Primary School Visakhapatnam-2. … Petitioner And The Govt., of A.P., rep., by its Secretary, Department of School Education, Secretariat, Hyderabad & others. … Respondents Counsel for the Petitioner: Sri P. Venkata Rama Sarma for Sri P.B. Vijay Kumar Counsel for respondents 1-3: GP for School Education The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1421 of 2006 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to set aside proceedings dated 21.06.2005 of respondent No.3. The petitioner is an Aided Upper Primary School. On the ground that on the basis of the proposal sent on behalf of the petitioner contrary to the entitlement of aid for one teacher by name Smt. E.D. Hellen Jaya Kumari, respondent No.3 passed the impugned order directing the correspondent of the petitioner to recover a sum of Rs.2,02,156/- towards the purported excess payment made to the said teacher from the person concerned and remit the same. The main ground on which the writ petition is filed is that the impugned order is not preceded by a prior notice and an opportunity of hearing to the petitioner. At the hearing, the learned counsel for the petitioner apart from pressing the abovementioned contention also advanced the contention that the petitioner is not at all responsible for the alleged excess payment made to the teacher and that therefore it is not liable for recovering the same from the teacher concerned. This Court, by order dated 31.03.2006, while staying recovery of the amount under the impugned order, permitted respondent Nos.1 to 3 to issue notice to respondent No.4 and act in accordance with law. In the counter affidavit filed by respondent No.3, it is inter alia stated that a notice was given to Smt. E.D. Hellen Jaya Kumari, retired teacher, who is stated to have received the excess payment of Rs.2,02,156/- and that she refused to receive the same. The learned Government Pleader for School Education submitted that as the said teacher has received the payment, the department is seeking to proceed to recover the said amount from her after ensuring that notice is served on her. In the light of the stand taken by the respondents as above, the writ petition is allowed to the extent of the petitioner and the impugned order is quashed. This order does not preclude the respondents from recovering the alleged excess payment from the teacher concerned after complying with the principles of natural justice. As a sequel to disposal of the writ petition in the manner indicated above, WVMP.No.3245 of 2009 and WPMP.No.1681 of 2006 are disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 18.06.2010. ES