Mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITON NO.2910 of 2001 Union of India through General Manager, Central Railway CST Mumbai, Maharashtra..Petitioner Vs. Shri H.S. Dixit, Retired Sr. Section Engineer, Under Chief Workshop Manager, Central Railway, Parel Workshop, Parel, Mumbai400 012. ..Respondent Mr. Suresh Kumar for the petitioner. None for respondent. CORAM : FERDINO I. REBELLO & A.A. SAYED, JJ. DATED : 1st April, 2010 ORAL JUDGTMENT (PER FERDINO I. REBELLO, J.) Petitioner Union of India is aggrieved by the order of the learned Tribunal whereby the O.A. Filed by respondent was allowed. The main contention on behalf of the petitioner was that the pay of respondent was erroneously fixed considering that he had come from ex-cadre post. The learned Tribunal held on the facts of the case that the order fixing pay based on pay in ex-cadre post could not be said to be erroneous. The learned Tribunal also relied on the judgment in Shyam Babu Verma & Ors. vs. Union of India & Ors., 1992 SCC (L. & S) 683 to hold that recovery cannot be ordered after long lapse of time. In the present case the pay fixation was done in 1981-82 and recovery was sought in the year 1998. 2. In our opinion we need not go into and decide the first controversy as the petition can be disposed of on the issue whether the Tribunal was right in accepting the contention of the respondent that after long period of time recovery could not have been effected. 3. Leaving the first point open for consideration in appropriate case, in our opinion the order of the Tribunal does not suffer from any error of law on the face of the record. In the matter of fixation of pay the respondent was not responsible. The recovery sought to be made is after long lapse of time. The Tribunal was, therefore, right in applying the ratio of the the judgment in Shyam Babu Verma & Ors. (supra). 4. In the light of the above Rule discharged. No order as to costs. (A.A. SAYED, J.) (FERDINO I. REBELLO,J.)