IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 8537 OF 2007 WRIT PETITION NO. 8537 OF 2007 WRIT PETITION NO. 8537 OF 2007 1. Shri Laxman Ganesh Marathe & 2 ors. ] .. Petitioners Versus 1. The State of Maharashtra & 4 ors. ] .. Respondents Mr. P.V. Daware for the petitioners. Mr. V.A. Sonpal, AGP, for the respondents No.1 to 4. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 4TH JUNE, 2008 P.C. : 1. By this petition, the petitioners pray that their pay be fixed in the pay scale of Rs.5,500 - Rs.9,000. According to the petitioners, the respondents have committed error in fixing the pay of the petitioners in the pay scale of Rs.5,000 - Rs.8,000. 2. Admittedly, the petitioners are not graduates. The scale of Rs.5,500 - Rs.9,000 is payable to graduate Lab Assistants who are eligible for promotion to the post of Health Supervisor. The pay-scale of Rs.5,000 - Rs.8000 is applicable to under-graduates. It appears that erroneously and under an impression that the : 2 : petitioners were graduates, the petitioners were granted pay scale of Rs.5,500 - Rs.9,000/- initially. Subsequently, when the respondents realised their mistake, the same was corrected and thereafter the petitioners were brought within the pay scale of Rs.5,000 - Rs.8,000/-. Recoveries of excess payment so made were directed and in some cases amounts also were recovered. 2. The said action of the Government was challenged by the petitioners by filing an A.O. before the Maharashtra Administrative Tribunal (for short "MAT"). The MAT dismissed the A.O. and, therefore, the petitioners filed Writ Petition No.430 of 2005. The said petition was disposed of by this court vide order dated 23rd June, 2005. While disposing of the said petition, the order of MAT to place the petitioners in the pay scale of Rs.5,000 - Rs.8,000 was confirmed by the High Court. However, the order of recovery of the payments, which were made erroneously to the petitioners, was set aside. Refund of recovered amounts was also directed. 3. These petitioners have retired and after retirement, once again they filed O.A. before MAT claiming that their pay scale should be fixed in the : 3 : scale of Rs.5,550 - Rs.9,000 and that thereafter their pension should be fixed. In view of the points raised/ decided in the aforesaid earlier round and in view of the fact that the points raised therein and the points raised by the present O.A. in the Tribunal were substantially the same and also between the same parties, the Tribunal found that it was not open once again to the petitioners to raise the said issue. We agree with the findings recorded by the Tribunal. No interference is called for therein. Writ Petition is, accordingly, dismissed. Sd/0- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]