VICE CHAIRMAN AND CHIEF EXECUTIVE OFFICER, GUJARAT MARITIME BOARD Vs. CAPTAIN (RETIRED) SUDHIR MOHANLAL CHADHA

JUDGEMENT

(1.) Heard Ms. Sejal Mandavia, learned advocate for the appellant and Ms. Harshal Pandya, learned advocate for the respondent on advance copy. With the permission of learned advocates for the parties, the main appeal is taken up for hearing.

(2.) This appeal under Clause 15 of the Letters Patent arises out of the order dtd. 9/11/2023 passed by the learned Single Judge in Special Civil Application No. 14714 of 2020.

(3.) Briefly stated, the facts before us, indicate that the respondent herein was initially appointed as Port Officer with the appellant - Gujarat Maritime Board. At the time of his appointment on 4/8/1999, albeit there was a condition that he should pass Gujarati, Hindi and departmental exams prescribed from time to time. It appears that he did not do so. On the ground that he had not passed these examinations, the increments that were given to him at the time of appointment and during his service period were recovered from the gratuity amount payable to him on his superannuation on 30/11/2019. This action of the appellant Board was challenged before the learned Single Judge.