:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4881 OF 2004 NO.4881 OF 2004 NO.4881 OF 2004 State of Maharashtra & Ors. ..Petitioners Vs. Arjun Sitaram Bharadkar & Ors. ..Respondents Mr.N.D.Deshpande, AGP for petitioners. Mr.P.C.Kansara for respondents. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 25TH MARCH,2009 : 25TH MARCH,2009 : 25TH MARCH,2009 P.C. P.C. P.C. 1. This petition is directed against the order dated 9th March, 2001 passed by the Maharashtra Administrative Tribunal, Mumbai in Review Application No.14 of 2000 with Miscellaneous Application No.188 of 2000 in Original Application No.219 of 1998, based on the judgment of the Apex Court in the case of Sahib Sahib Sahib Ram Ram Ram Vs. State of Haryana and Ors. 1995 SC (L & S) Vs. State of Haryana and Ors. 1995 SC (L & S) Vs. State of Haryana and Ors. 1995 SC (L & S) 248. 248. 248. 2. During the course of hearing, learned AGP appearing for the petitioner, State of Maharashtra has agreed that if the respondents who were in the pay scale of Rs.260-495 having opted for the higher pay scale of Rs.290-540 there cannot be any recovery against them. :2: 3. In view of above, there cannot be any recovery against the respondents. As such, on the submission of the petitioner itself, recovery sought to be effected against the respondents was not legal and proper. 4. If Mr.Deshpande, learned AGP is right in his submission, then no fault can be found with the impugned order under challenge whereby and whereunder recovery sought to be made from the respondent is held to be bad and illegal. 5. In the result, petition is without merit. It is dismissed. Rule is discharged. No order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)