Rakesh Kumar Sharma vs Managing Director Uttarakhand Transport Corporation And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has prayed for following reliefs:

i). a writ order or direction in the nature of certiorari to call for the record of case and quash impugned pay fixation order dated 22.06.2024 and the recovery letter dated 09.08.2024, contained in Annexure Nos.1 & 2 to this writ petition.

ii). a writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount i.e.Rs.1,42,308/- deducted/recovered from the amount of arrear of 7th pay commission of the petitioner. ”

Facts in nutshell are that petitioner was appointed as Conductor in the year 1986 with the respondent-department and was promoted from time to time and lastly, he was promoted on the post of Assistant Center Incharge and on attaining the age of superannuation, he retired from service on 28.02.2018. Vide office order dated 22.06.2024, the petitioner’s salary was refixed and reduced from Rs.46200/- to Rs.43600/-. Thereafter, respondent No.3 passed a recovery order dated 09.08.2024, whereby, an amount of Rs.1,42,308/- was shown to be recovererd from petitioner, as excess payment against ACP from the amount of arrear of 7th pay commission. Hence, feeling aggrieved by the aforesaid pay fixation order dated 22.06.2024 and recovery order dated 09.08.2024, 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 petitioner also relied upon the judgment and order dated 03.05.2024 passed by this Court in Writ Petition No.2276 of 2022 (S/S).

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.