Chandra Pal vs Managing Director, Uttarakhand Transport Corporation And Others

Pankaj Purohit, J

By means of this writ petition, petitioner has challenged the impugned pay fixation order dated 28.08.2021 (Annexure No.3) and the recovery order dated 20.07.2022 (Annexure No.6) and further directing the respondents to release his Gratuity Amount on the basis of his last drawn salary and to refund the entire amount i.e. Rs.4,23,580/- deducted/recovered from his retiral dues/gratuity.

Facts in nutshell are that petitioner was appointed as Junior Clerk in the year 1987 with the respondent-department and was promoted from time to time and lastly, he was promoted on the post of Senior Clerk and on attaining the age of superannuation, he retired from service on 31.07.2022. Vide office order dated 28.08.2021, the petitioner’s salary was refixed and reduced from Rs.55200/- to Rs.51,100/-. Feeling aggrieved by the said order dated 28.08.2021, petitioner submitted his representation dated 15.09.2021 to respondent No.3. But, the said representation of the petitioner was rejected by the respondent No.3 vide order dated 21.09.2021. Thereafter, respondent No.2 passed an office order dated 20.07.2022 reduced the gratuity amount of the petitioner from Rs.14,33,694/- to Rs.10,10,114/-and a recovery of Rs.4,23,580/- was directed to be made from the petitioner. Hence, feeling aggrieved by the aforesaid pay fixation order dated 28.08.2021 and recovery order dated 20.07.2022, 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.