2024:UHC:6331 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1618/2024 Hon’ble Subhash Upadhyay, J. Mr. I.D.Paliwal, learned counsel for the petitioner. 2. Mr. Ashish Joshi, learned counsel for the respondents. 3. Petitioner has filed the present Writ Petition with the following prayers: (i) Issue a writ of certiorari quashing the impugned order dated 28.05.2024 passed by respondent no.2 to the extent that an amount of Rs. 44,865/- has been deducted from the payment of gratuity (Annexure No.1 to the writ petition). (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to return back the amount of arrears to the petitioner towards ACP which is recovered from the payment of gratuity to the tune of Rs. 44,865/- along with 10% interest which is prescribed in the payment of Gratuity Act upto the actual payment and also pay the cost of Rs. 5000/- which is given in the Writ Petition No. 1593 of 2021 (S/S) ‘Balam Singh Aswal vs. Managing Director and others”, and the same judgment was affirmed by the Hon’ble Division Bench of this Hon’ble Court in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation and others vs. Ashok Kumar Saxena.” 4. Counsel for the petitioner contends that after serving the department for more than 33 years, the petitioner was superannuated on 31.05.2024. An amount of Rs. 44,865/- was withheld from the gratuity on the ground that petitioner was paid excess payment towards ACP. Learned counsel for the petitioner contends that recovery from a Class-III employee on account of excess payment being made without there being any miss- representation on his part, was considered by Hon’ble Apex Court in the case of State of 2024:UHC:6331 Punjab and others vs. Rafiq Masih, reported in (2015) 4 SCC 334. In view of the said judgment of the Hon’ble Apex Court the order for recovery was quashed by the learned Single Judge of this Court in bunch of writ petitions and the said Order was affirmed by the Division Bench of this Court in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation and others vs. Ashok Kumar Saxena, decided on 04.04.2024. 5. Learned counsel for the petitioner thus submits that the issue involved in the present Writ Petition is squarely covered with the aforesaid decision. 6. Learned counsel for the respondent- corporation does not dispute the said facts. 7. The submission made by learned counsel for the parties is placed on record. 8. Present writ petition is decided in terms of the order dated 14.06.2022, passed in Writ Petition No. 1593 (S/S) of 2021, Balam Singh Aswal vs. Managing Director, Uttarakhand Road Transport Corporation and others, as affirmed by the Hon’ble Division Bench of this Court vide order dated 04.04.2024 in Special Appeal No. 245 of 2022. 9. With the above observations, the Writ Petition stands disposed of. (Subhash Upadhyay, J.) 06.10.2025 Kaushal