Sunil Kumar 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 or order in the nature of Certiorari and thereby quash/set aside the part of the office order dated 18.04.2022 (Annexure No.8) whereby an amount of Rs.2,03,972/- has been deducted/recovered after retirement of petitioner from the total admitted gratuity amount of Rs.6,71,625/-.

(ii) Issue a Direction or Writ in the nature of Mandamus thereby direct the respondent to pay the entire recovered amount of Rs.2,03,972/- (Two Lakh, Three Thousand, Nine Hundred and Seventy Two Rupees) from total gratuity amount with statutory bank interest.

(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.

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.