GUJARAT MARITIME BOARD Vs. JAGDISHCHANDRA DURGASHANKAR JOSHI

JUDGEMENT

(1.) The present appeal has been filed by the appellant - Gujarat Maritime Board- original respondent No.1 under clause 15 of the Letters Patent, wherein the appellant has challenged the order dtd. 18/7/2022 passed by the learned Single Judge in Special Civil Application No. 16603 of 2021.

(2.) Heard learned advocate Ms. Sejal Mandavia for the appellant, learned advocate Ms. Harshal Pandya for respondents No. 1, 2 & 3 - original petitioners and learned Assistant Government Pleader Mr. Jaswant Shah for the respondent No.4 -State.

(3.) Learned advocate Ms. Sejal Mandavia for the appellant mainly contended that the present respondents No.1, 2 & 3 - original petitioners filed petition before this Court, in which they prayed that this Court may declare that they are entitle for second higher grade scale upon their completion of 15 years of service from the date of receipt of first higher grade scale pursuance to the Government Resolution dtd. 2/7/2007 and clarification thereof by the Finance Department dtd. 4/3/2008. It is submitted that though the concerned petitioners were entitled to get second higher grade scale as per their own case somewhere in the year 2007 and 2008 and when they have retired in the year 2017-18. The petition was filed by the petitioners in the year 2021, thus there was a delay in preferring the petition, in spite of that, the learned Single Judge has considered the case of the petitioners on merits and thereby granted the benefit of second higher grade scale to the original petitioners. Learned advocate further submits that as per the Government Resolution dtd. 2/7/2007, the original petitioners are not entitled to get the benefit of second higher grade scale as prayed for in the petition on completion of 15 years, inspite of that, such benefit was granted to them by the learned Single Judge. It is therefore, urged that the impugned order passed by the learned Single Judge be set aside.