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Bombay High CourtCA/145/2015disposed of

Shri. Shripad B. Naik, Junior Engineer, Sub-Division Iii V (B-N) P.W.D. And ANR., v. The Principal Chief Engineer, Govt. Of Goa, P.W.D And ANR.,

2015-08-24Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 145 OF 2015 IN WRIT PETITION NO. 33 OF 2015 SHRI. SHRIPAD B. NAIK, JUNIOR ENGINEER, SUB-DIVISION III V (B-N) P.W.D. AND ANR., ... Applicants

Versus

THE PRINCIPAL CHIEF ENGINEER, GOVT. OF GOA, P.W.D AND ANR., ... Respondents Mr. D.Pangam, Advocate for the applicants.

Mr. D. Lawande, G.A. for the respondents.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 24th August, 2015 P.C.

Heard Mr. Pangam, learned Advocate appearing for the applicants and Mr. D. Lawande, learned Government Advocate appearing for the respondents.

2. This is an application seeking stay of the operation of the impugned order dated 25th July, 2012, 10th July, 2014 and 27th August, 2014. Rule has already been issued in the above writ petition by an order dated 23rd June, 2015. After such Rule was issued, the respondents sent a letter dated 20th July, 2015, inter alia, demanding the recovery of the amounts in terms of the impugned order paid to the petitioners. Shri Pangam, the learned counsel appearing for the applicants states that the petitioners have a good

CA/145/2015 case on merits and as such, such recovery by the respondents is not justified. On the other hand, Mr. Lawande, the learned Government Advocate disputes the said contention.

3. In the facts and circumstances of the case, until further orders, the operation of the order dated 20.7.2015 to the extent of recovery from the petitioners is stayed.

4. Application stands disposed of.

K. L. WADANE, J.

F. M. REIS, J.

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