14.wp.9921-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.9921 OF 2009 Union of India and others. ..Petitioners. Versus Hemant B. Bagwe and others. ..Respondents. ... Mr.Vinod Joshi, Advocate for the Petitioners. Mr.S.R. Atre, Advocate for respondent Nos.1 to 16. ... CORAM : D.K. DESHMUKH & A.R. JOSHI, JJ. DATED : FEBRUARY 25, 2010. P.C. 1. The Petition is not on board for final hearing. However, by consent of parties, it is heard finally. 2. We have heard the learned Counsel for both the sides. 3. The real reason why the Tribunal directed that the respondents are entitled to the scale of 4000-100-6000 is to be found in 14.wp.9921-09 2 paragraph No.10. The relevant portion of para-10 reads as under: “10. Be that as it may, pursuant to the VCPC recommendations and Government decisions thereon, the Government of India issued the Central Civil Services (Revised Pay) Rules, 1997. As per Part A of the First Schedule thereto, for the existing scale of pay of Rs. 1150-25-1500 for general categories of staff the revised scale of pay was Rs.3050-75-3950-80-4590. Whereas, as per Part B of the said First Schedule containing revised pay scales for certain common categories of staff, for the existing pay scale of Rs.1150-25-1500 of DEO Gr.A the revised pay scale was Rs.4000-100-6000. ...." 4. It is thus clear that the Tribunal found that the Personnel placed in the scale of Rs1150-25-1500 in part-A were getting revised scale in the scale of 3050-75-3950-80-4590, whereas the personnel in part-B in existing scale of RS.1150-25-1500 were getting revised scale of Rs.4000-100-6000. This disparity or anomaly has been removed by the impugned order by the Tribunal. The Tribunal however has granted the Original Application in terms of prayer clause 8(a) & (b) of the O.A.. We find that in prayer clause (b) the petitioner are claiming interest from the arrears. However, in the order of the Tribunal, there is no justification whatsoever why interest is being allowed on the amount of arrears. The respondents have filed their affidavits and in their affidavits they have 14.wp.9921-09 3 stated that they are giving up their prayer for interest on the amount of arrears. In view of this concession, the order impugned in the Petition is set aside and modified to the extent it allows interest on the amount of arrears. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J.) (A.R. JOSHI, J.)