THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT APPEAL No.361 of 2003 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This intra-Court appeal under Clause 15 of the Letters Patent is directed against the order dated 03.12.2002 passed by the learned Single Judge in W.P.No.23665 of 2000 filed by the respondent herein questioning the proceedings dated 24.11.2000 issued by the Divisional Cooperative Officer, Adoni & Person-in-Charge H.Murawani PACS, Kurnool, for recovery of the amounts drawn excess with regard to arrears of salary without approval of the Person-in-charge. The learned Single Judge allowed the above writ petition in terms of the judgment, dated 11.09.2002 passed by this Court in W.P.Nos.3706 of 2002 and batch. Now, it is brought to the notice of this Court that against the order dated 11.09.2002 passed in W.P.Nos.3706 of 2002 and batch, the Government preferred W.A. Nos. 32 and 413 of 2003 and a Division Bench of this Court allowed the said appeals by the judgment reported in Government of Andhra Pradesh, represented by its Principal Secretary, Agriculture and Cooperation Department vs A.P. State Cooperative Societies Secretaries and Employees Union, represented by its General Secretary, Sri P. Narasimha Reddy[1], upholding the recovery orders passed therein and observing as under: “The emoluments, pay scales and allowances that are to be fixed in respect of each of the employees by each of the societies may depend upon variety of facts and circumstances so far as they relate to the period prior to Section 116-C of the Act coming into operation with effect from 22-4-1985 is concerned, and so far as such fixation after 22-4-1985 is concerned the same is to be in accordance with the mandatory requirement under Section 116-C of the Act. Unless this exercise is undertaken and completed the question of recoveries as such does not arise. The quantum of amounts to be recovered from each one of the employees of the Society concerned depends upon such fixation of pay scales, emoluments and other allowances. It shall always be open to an aggrieved employee to raise a dispute about the quantum of the amount, if any, sought to be recovered from such employee. Each of the proceedings proposing to recover the amount, if any, from each of the employees, is required to contain the complete details as to how the amounts sought to be recovered are arrived at.” Following the above said judgment and for the reasons mentioned therein, the impugned order is set aside and the writ appeal is allowed. Consequently, the writ petition stands dismissed. There shall be no order as to costs. A.GOPAL REDDY, J P. DURGA PRASAD, J Date: 16.11.2010 va [1] 2004 (1) ALT 593