Bhupendra Singh Adhikari vs Managing Director, Uttarakhand Transport Corporation And Others

Pankaj Purohit, J

By means of this writ petition, petitioner has prayed to issue a writ of certiorari to quash the order dated 22.02.2023 (Annexure No.3), whereby, an order of recovery of Rs.3,59,515/-from his gratuity amount and further commanding respondent-authority in the nature of mandamus to refund/disburse the deducted the amount gratuity of Rs.3,59,515/- which were deducted after his retirement with statutory interest as per Section 7(3-A) of Payment of Gratuity Act, 1972.

Facts in nutshell are that petitioner was appointed as Conductor in the respondent-department on 07.01.1982 and was promoted from time to time and lastly, he was promoted on the post of Assistant Mechanic in the year 2014 and on attaining the age of superannuation, he retired from service on 28.02.2023. After the retirement of petitioner, respondent-authority vide impugned order dated 22.02.2023, based on his last drawn salay determined as per the revised ACP/Pay Fixation, the deduction of Rs.3,59,515/- was directed to make from total sanction amount of Rs.13,56,595/-. Hence, feeling aggrieved by the aforesaid impugned order dated 22.02.2023, petitioner is before this Court.

Learned counsel for the petitioner submits that the controversy has been set at rest by a Coordinate Bench of this Court, vide judgment and order dated 14.06.2022 passed in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch of writ petitions, which are subsequently affirmed by the Division Bench of this Court vide judgment and order dated 04.04.2024 in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena, and Batch of Special Appeals.

Learned counsel for the respondents also concedes and states that the matter is covered by the aforesaid judgments.

In this view of the matter, the writ petition is allowed in terms of the judgment and order dated 14.06.2022 passed by a Co-ordinate Bench of this Court in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch, which is affirmed by a Division Bench of this Court in Special Appeal No.245 of 2022 Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena and Batch, vide judgment dated 04.04.2024. The case of the petitioner shall abide by the aforesaid judgment and order dated 14.06.2022, which was later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.

Pending application(s), if any, stands disposed of accordingly.