JOAQUINA GOMES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr S. D. Lotlikar, learned Senior Advocate who appears along with Mr T. Sequeira and Ms S. Kenny for the Petitioner and Ms Sapna Mordekar, learned Additional Government Advocate for the State.

(2.) Based on the pleadings in the petition and the responses filed on behalf of the respondents, it is evident that from at least the year 1998, the Petitioner was engaged in the office of the Commissioner of Commercial Taxes, Government of Goa, to do the work of cleaning and sweeping of the office premises and the cleaning of the toilets. Though there is no formal appointment or engagement order, there is sufficient documentary evidence through muster rolls and payment vouchers to establish such engagement.

(3.) In the affidavit in reply dtd. 4/5/2018 filed by Shri Deepak Bandekar, Commissioner of Commercial Taxes, in Writ Petition No.867/2017, the affiant admitted this position. The record also shows that the Petitioner was initially paid an amount of Rs.6,00.00 per month, which was revised at some later point to Rs.3,000.00 per month. Such payments were made from the contingent fund or office expenses against the receipts/vouchers. At the time of Petitioner's initial engagement, she was about 38 years old. By the time her engagement was discontinued at her request, she was 63 years old.