JUDGMENT - R.M.S. KHANDEPARKAR, J.:---By the present petition the petitioners are challenging the Government Circular dated 15-10-1992 by which the respondent No. 2 has ordered the aided secondary schools to recover the alleged overpayment made to the teachers on account of grant of post graduate pay-scales to the teachers, like the petitioners, as also the non-payment of post-graduate scales to the secondary schools teachers by the Government of Goa despite decision to that effect as early as on 20-8-1993.

2.At the outset, a preliminary objection as to the maintainability of the petition on the ground of res judicata is sought to be raised on behalf of the respondents. It is the contention of the respondents that in past the petitioner No. 4 had filed two writ petitions, one in his personal capacity and another in the name of All Goa Secondary School Teachers Association, being Writ Petition No. 66/B of 1976 and No. 170/B of 1976, respectively, and the matter in issue in these petitions is also directly and substantially in issue in the petition in hand and both the petitions were dismissed by common judgment dated 23-2-1983.

3.We have heard Shri V.B. Nadkarni, learned Senior Advoc

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