Extracted from the PDF above. The PDF is authoritative.
2025:UHC:815
HIGH COURT OF UTTARAKHAND AT NAINITAL 12 February, 2025 Writ Petition (S/S) No. 1566 of 2024
Krishna Devi
--Petitioner Versus
Uttarakhand Transport Corporation and others
--Respondent with Writ Petition (S/S) No. 1588 of 2024 Dhyan Singh
--Petitioner Versus
Uttarakhand Transport Corporation and others
--Respondent ---------------------------------------------------------------------- Present:- Mr. Sachin Kumar Sharma, learned counsel for the petitioner. Mr. Shobhit Joshi, learned counsel holding the brief of Mr. Ashish Joshi, learned counsel for the respondents. --------------------------------------------------------------
Hon'ble Rakesh Thapliyal, J.
1. Since, the issue as raised in both the petitions are identical, therefore, for the sake of brevity, both the petitions are being disposed of by a common judgment. Writ Petition No. 1566 of 2024 (S/S) shall be considered as a leading case.
2. By the instant writ petition, the petitioners is praying for the following reliefs:- i. Issue a writ order in the nature of certiorari for quashing the impugned order dated 29.06.2024 passed by the respondent no. 3 to that extent the recovery has
directed (contained as Annexure No. 1 to this writ 1
2025:UHC:815 petition). ii. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to pay the arrear of amount i.e, Rs. 4,13,028 (Four lakh thirteen thousand twenty eight rupee) along with interest @ 18% per annum from the date of retirement till date of actual payment. iii. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to re-fix the pay scales of the petitioner as per 2nd and 3rd ACP and to pay the difference of the payment towards the arrear of payment of petitioner.
3. At the very outset, learned counsel for the petitioner would submit that both the matters are squarely covered by the judgment dated 04.04.2024, passed by the Division Bench of this Court in SPA No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation Dehradun vs. Ashok Kumar Saxena and connected cases.
4. Mr. Shobhit Joshi, learned counsel holding the brief of Mr. Ashish Joshi, learned counsel for the Uttarakhand Transport Corporation also submits that the issue as raised in these petitions are squarely covered by the aforesaid judgment.
5. In view of the statement as given by the learned counsel for the parties , the present writ petitions are
disposed of in terms of the judgment passed by the Division Bench of this Court dated 04.04.2024 in SPA No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation Dehradun vs. Ashok Kumar Saxena and connected cases.
(Rakesh Thapliyal, J.) Parul 2