IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 401 OF 2025
(Coram: VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.) Decided on : 12TH OCTOBER, 2026
Mr. Domingos Francisco Gama … Petitioner
Versus
State of Goa and Ors. … Respondents
Service – Relief against recovery of excess payment made to the employee granted based on equity such as undue hardship if he was directed to refund the excess amount and considering that the employee at no point of time gave any undertaking to the Department in relation to having to refund any excess payment.
Facts
The Petitioner was working as Leading Fire Fighter in the Directorate of Fire and Emergency Services as on his date of retirement, which is 31.10.2022. He has been conferred 1st ACP on 14.09.2005 and 2nd ACP on 14.09.2013 by the Government of Goa. Whilst calculating the ACPs, the Petitioner was paid according to increments specified in Office Memorandum (OM) dated 15.05.2012, issued by the Central Government and adopted by the Goa Government. Throughout his service, he was receiving his salary based upon extension of the increments which were paid according to OM dated 15.05.2012. 7. The Government of Goa, after the Petitioner had retired, issued the impugned orders seeking recovery of the increments paid in accordance of OM dated 15.05.2012, on the premise that the Petitioner was not entitled to these increments, since the Petitioner was held not to be eligible of having an increment, as the annual date of increment of the Petitioner was September, 2005.
For Judgment Click 👇
Domingos Francisco Gama Vs. State of Goa