1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR L.P.A.No.94 of 2006 in Writ Petition No.6442/2005 (Decided) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and S.R.Dongaonkar, JJ. DATE : August 31, 2006. Heard Mr.R.E.Moharir, Adv. for the Appellants and Mr.A.H.Jamal, Adv. for the Respondent. Considered the contentions canvassed by the respective counsel and also perused the impugned order. Perusal of the impugned order shows that wrong fixation of Pay Scale was done by the Department without there being any fault of the respondent nor he was a party to the process of fixation of Pay Scale. In absence thereof, the learned Single Judge, in view of the 2 judgment of the Apex Court reported in 2002 (2) SLR 694, concluded that the petitioners (herein) are not entitled to effect recovery since wrong fixation of Pay Scale is a mistake of the Department which they are only entitled to correct and are not entitled to effect recovery. The reasons adopted and the findings recorded by the learned Single Judge, in our view, appear to be just and proper. The Letters Patent Appeal suffers from lack of merits. Hence, it is dismissed. JUDGE JUDGE ssj