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Devendra Singh Pal vs Uttarakhand Transport Corporation, Dehradun And Others

Uttarakhand High Court · Decided on 27 June 2025 · Citation: (2025) 06 UK CK 0562

HON’BLE JUDGES
Ravindra Maithani, J
CASE NUMBER
Writ Petition No. 1074 of 2025 (S/S)
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Judgment

10 paragraphs · 325 words

Ravindra Maithani, J

1.

By means of the instant petition, the petitioner seeks the following reliefs:-

“i) Issue a writ of certiorari quashing the impugned office order No.865 dated 24.2.2023 issued by respondent no.3 to the extent the recovery of Rs.2,95,558/- has been made from the payment of gratuity of the petitioner. (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 3rd ACP which is recovered from the payment of gratuity to the tune of Rs.2,95,558/- along with 10% interest which is 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 Court in Special Appeal No.245 of 2022 “Managing Director, Uttarakhand Transport Corporation and others Vs Ashok Kumar Saxena”.

iii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

iv) To award the cost of the petition in favour of the petitioner.”

2.

Heard learned counsel for the parties and perused the record.

3.

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.

4.

Learned counsel appearing for the respondents admit this fact.

5.

The matter is covered, therefore, 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.