Pan Singh vs Managing Director, Uttarakhand Transport Corporation And Others

Ravindra Maithani, J

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

i) Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 05-10-2021 (contained as Annexure No.3 to the writ petition) whereby an order of recovery of Rs.2,18,159/- from gratuity amount has been made after superannuation of the petitioner from post attached to him.

ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authority to refund/disburse the remaining deducted amount of Rs.2,18,159/- (Two Lakh Eighteen Thousand One Hundred Fifty Nine Rupees only) as same has been effected made from gratuity of the petitioner with statutory interest as per Section 7 (3-A) of Payment of Gratuity Act 1972.

iii) Pass any other order or orders as this Hon’ble Court may deem fit and necessary in the interest of justice.

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.