Bhuwan Chandra vs Uttarakhand Transport Corporation And Another

Rakesh Thapliyal, J

By means of the instant petition, the petitioners seek the following reliefs:-

"i) Issue a writ of certiorari quashing the impugned order dated 10.2.2026 passed by respondent no.2 to the extent that an amount of Rs.2,87,977/- has been deducted from the payment of gratuity. (Contained as Annexure No.1 to this writ petition)

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to return back the amount of arrears to the petitioner towards ACP which is recovered/adjusted from the payment of gratuity to the tune of Rs.2,87,977/- along with interest, which is prescribed in Section 7 of the Payment of Gratuity Act upto the actual payment and also pay the cost of Rs.5000/- which is given in the Writ Petition No.1593 of 2021 (S/S) "Balam Singh Aswal Vs Managing Director and others" and the same judgment was affirmed by the Hon'ble Division Bench of this Hon'ble Court in Special Appeal No.245 of 2022 "Managing Director, Uttarakhand Transport Corporation and others Vs Ashok Kumar Saxena".

Heard learned counsel for the parties and perused the record.

At the very outset, learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others vs. Ashok Kumar Saxena; and connected cases.

Learned counsel for the respondents admits this fact.

Since, the matter is covered, instant petition is decided in terms of the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others vs. Ashok Kumar Saxena; and connected cases.