1 W.P.No.3068 of 2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.3068 OF 2008 The State of Maharashtra & ors. ..PETITIONERS VERSUS Tulshiram Ganpatrao Mhaske & ors. ..RESPONDENTS Mr R.P. Phatke, Addl. Govt. Pleader fopr the petitioners; Mr V.P. Golewar, Advocate for respondents no.1, 2 & 4 CORAM : SMT. NISHITA MHATRE AND S.S. SHINDE, JJ. DATE : 16th March, 2011 PER COURT : The petition has been filed against the decision of the Maharashtra Administrative Tribunal, dated 30th August, 2007. The respondents who were employed as Mustering Assistants filed an application before the Tribunal for a declaration that the order dated 7th September, 2006 issued by the Government is illegal and recovery sought to be made from their wages in equal instalments of Rs.4,000/- be stopped. 2. The Administrative Tribunal has held after considering several judgments of the Supreme Court that the recovery from the salary of these Mustering Assistants was not tenable. The Supreme Court has 2 W.P.No.3068 of 2008 held in these judgments that when payments are made to employees by the Government either erroneously or mistakenly and not due to any misrepresentation or fault of the employees, no recovery of such amounts can be made from the salary of these employees. In our opinion, there is no need to interfere with the order of the Tribunal. Petition rejected. (S.S. SHINDE, J.) ( SMT. NISHITA MHATRE, J.) amj/wp3068.08