Heera Lal vs Uttarakhand Transport Corporation, Dehradun And Others

Ravindra Maithani, J

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

“(i) Issue a writ or certiorari quashing the impugned order dated 9.2.2022 passed by respondent no.3 to the extent that an amount of Rs.2,39,217/- 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 2nd ACP which is recovered from the payment of gratuity to the tune of Rs.2,39,217/- 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 Hon’ble Court in 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.”

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 and other connected matters.

This fact is admitted by the learned State counsel.

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 and other connected matters.