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Judgment
Pankaj Purohit, J
Heard learned counsel for the parties.
Miscellaneous application (IA/1/2023) is allowed. Counter affidavit filed by the respondent(s) is taken on record. Misc. Application (IA/2/2023) is allowed. Rejoinder affidavit filed on behalf of the petitioner is taken on record.
WPSS Nos.697 of 2022 and 698 of 2022 are disconnected from the batch of writ petitions.
Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity facts of WPSS No.1447 of 2023 alone are being considered and discussed.
By means of this writ petition, petitioner has sought the indulgence of this Court for quashing the office orders dated 24.08.2021 and 26.08.2022 passed by respondent no.3 and further a direction to respondents to make the payment of gratuity of ₹3,98,621/-and payment of leave encashment after the calculating the salary as per IIIrd financial up-gradation i.e., Grade Pay of ₹4200 w.e.f., 11.09.2015 to the petitioner along with interest @ 18% per annum.
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 has also submitted that the present matter is squarely covered by the judgment and order dated 14.06.2022, which was affirmed in Special Appeals as referred above by learned counsel for the petitioner vide judgment dated 04.04.2024.
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 Coordinate 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 is later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.