GANU S GAONKAR, WORK ASSISTANT, OFFICE OF EXECUTIVE ENGINEER, WORKS DIVISION III (PHE) Vs. EXECUTIVE ENGINEER, WORKS DIVISION III (PHE), PUBIC WORKS DEPARTMENT, ST INEZ, PANAJI, GOA

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and the learned Government Advocate for the Respondents.

(2.) The Petitioner by this Petition seeks a writ in the nature of mandamus directing the Respondents to cancel or withdraw the impugned order dated 29 June 2010 by which recovery has been sought from the Petitioner.

(3.) The Petitioner was appointed on 2 November 1982 as Work Assistant in the Public Works Department, Government of Goa. On the recommendations of the Departmental Selection Committee, the Petitioner was appointed as Assistant Mestry on Work Charged Establishment. A Petition was filed by the Petitioner in which a statement was made on behalf of the Respondent-State that the Petitioner's services would be regularised and the salary would be notionally fixed. The Petitioner's services were regularised on 26 July 2006. The Petitioner was awarded the first increment in the pay scale of Rs. 950-1500. The Petitioner was paid arrears amounting to Rs. 83,598/-. Thereafter, Respondent No.1 passed the impugned order directing recovery of the amount of Rs. 83,598/- from the Petitioner. Being aggrieved, the Petitioner has filed the present Petition.