Reserved On : 03/02/2026 Pronounced On : 16/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3640 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT ==========================================================

Approved for Reporting Yes No ✓

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S A UPADHYAY Versus GUJARAT MARITIME BOARD ==========================================================

Appearance:

MR. RISHABH ACHARYA WITH MS. HARSHAL N PANDYA (3141) for the Petitioner(s) No. 1 MR. KANUBHAI M. PATEL, SR. ADVOCATE WITH MR. HAMESH C. NAIDU WITH MS DHARMISHTA RAVAL(707) for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

CAV JUDGMENT

1. Heard Ms. Harshal N. Pandya, learned advocate with Mr. Rishabh Acharya, learned advocate for the petitioner and Mr. Kanubhai M. Patel, learned Senior Advocate with Ms. Dharmishta Raval, learned advocate with Mr. Hamesh C. Naidu, learned advocate for the respondent, at length.

2. The present writ petition is filed under Articles 14, 16, and 226 of the Constitution of India, inter alia, seeking following reliefs:

“7. The petitioner respectfully prays that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent-authorities and may be pleased to :-

(A) direct the authorities of the respondent Board to grant the first higher grade scale of Rs. 5500-9000 to the petitioner from his due date, with all consequential benefits, and (B) further be pleased to direct the respondent authority to pay arrears to the petitioner flowing from the above prayer clause and also to fix pension and other retirement on that basis and pay arrears thereof with interest at the rate which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and (C) award the cost of this petition, and (D) pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent authority to take appropriate decision for grant of first higher grade scale of Rs. 5500-9000 to the petitioner considering the judgment and order dated 25.3.2010 as confirmed by the Honourable the Division Bench vide judgment dated 26.4.2011 and by the Honourable the Supreme Court vide order dated

27.1.2012, and/or (E) grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

3. BRIEF FACTS

3.1 It is the case of the petitioner in this petition that he was appointed as a Khalasi with the respondent on

03.03.1976. Subsequently, he was promoted to the post of Operator in the year 1987 and later on promoted as a Tradesman in the pay scale of Rs. 1200 - 2040. The said pay scale was revised to Rs. 4000–6000 w.e.f. 01.01.1996. Upon completion of nine years of service to the post of Tradesman, the petitioner claimed higher grade of Rs. 5500-9000 as prescribed for Foreman, i.e., the next promotional post.

3.2 It appears that the petitioner took voluntary retirement on 30.04.2004 and after his retirement, the respondent has offered him higher pay scale of Rs. 4500- 7000 and will be paid to him subject to he, submit undertaking / approval letter of accepting the said higher pay scale. The petitioner appears to have not accepted the said offer, but made representation to re-consider the said offer. The respondent has not accepted his representation and rejected it on 06.11.2007.

3.3 At the same time, the respondent-board sought recovery from existing Tradesmen working with it as regards wrongly granted the higher pay scale to them, which was prescribed for the post of Foreman, i.e., Rs.

5500-9000, not immediate next promotional post from the post