1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8831 OF 2005 Nivruti Bhagoji Pagare. ...Petitioner. vs. 1.Union of India & ors. ...Respondents. --- Mr.K.K.Waghmare, for Petitioner. Mr.Sureshkumar, for Respondent nos. 1 to 3. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 2nd July, 2008. P.C.:- 1. The relevant facts that are necessary for deciding this petition are that the Central Administrative Tribunal by its order dated 26.9.2001 passed in Original application no.734 of 1997 directed the respondents to treat the petitioner who 2 was in the service of the respondents in the category of Scheduled caste right from 4.5.1865 i.e. the date of his entry in the Government service and give him all the benefits accordingly. In compliance of this order, the respondents gave deemed date of promotion to the petitioner and also prepared fixation of his pay from the deemed date of promotion, but in view of the provisions of paragraph 228 of IREM did not give him actual arrears of pay. Therefore, the petitioner had filed original application no.927 of 2003 which was decided on 5.4.2005. The Central Administrative Tribunal after considering the provisions of paragraph 228 of IREM held that the petitioner is not entitled to arrears of salary because he was not actually working on that post. 2. We have heard the learned Counsel appearing for both the sides. We find that the Supreme Court by its judgment in the case “Union of India & another Vs. Tarsem Lal and others, (2006)10 Supreme Court Cases 145” has taken exactly the same view and therefore, virtually the order of the Central Administrative Tribunal impugned in this petition stands confirmed by the judgment of the Supreme Court in the case of ““Union of India & another Vs. Tarsem 3 Lal and others” referred to above. In this view of the matter therefore, we cannot interfere with the order passed by the Central Administrative Tribunal. The petition, therefore, fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---