H N SHAH Vs. GUJARAT MARITIME BOARD

JUDGEMENT

(1.) AS common question of of facts and law arise in this group of petitions, they are disposed of by this common judgement and order.

(2.) IN all these petitions, the respective petitioners - employees of the respondent - Gujarat Maritime Board have prayed to quash and set aside the impugned order dated 22/11/2004 (Annexure -A), by which the respondent Gujarat Maritime Board has ordered recovery from the pay of the petitioner, difference in the pay scale of Senior Clerk w.e.f. 1983 till 2002 -03 i.e. the day on which they came to be actually promoted on the post of Senior Clerk.

(3.) MS .Harshal Pandya, learned advocate appearing on behalf of the respective petitioners has vehemently submitted that as such neither there was any misrepresentation on the part of the respective petitioners nor fraud for grant of benefit of deemed date promotion in cash and the same cannot be said to be attributed to the respective petitioners.