2025:UHC:9130 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1672/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. G.C. Kandpal, Advocate, for the petitioner. Mr. Rajeev Singh Bisht, Additional CSC, for the State. Mr. Manish Kumar, Advocate, i/b Mr. Ashish Joshi, Advocate for the respondent no. 2, 3 and 4. (2) Petitioner was appointed as Driver in erstwhile U.P. State Road Transport Corporation. Upon State reorganisation, his services were transferred to Uttarakhand Transport Corporation, from where he retired on 31.7.2024. Soon before his retirement, an order was passed by Assistant General Manager, Haldwani on 20.7.2024, wherein it was provided that from the amount payable as gratuity to the petitioner, a sum of ₹1,18,917/- shall be recovered, which was paid in excess of what petitioner was entitled to. Petitioner has challenged the said order dated 20.7.2024, whereby recovery has been ordered. (3) Learned Counsel for the petitioner submits that petitioner is a low paid Group ‘C’ employee, who was not responsible in any manner for the excess payment if made during his service career and there is no allegation that he practiced fraud upon the Corporation to get that excess amount, therefore, at the fag end of his service career, the order of recovery cannot be passed. He relies upon a judgment rendered by this Court in Writ Petition (S/S) No. 335 of 2023. 2025:UHC:9130 (4) Mr. Manish Kumar, learned Counsel appearing for respondent no. 2, 3 and 4, on instructions, submits that he has no objection if the writ petition is decided in terms of the judgment rendered in Writ Petition (S/S) No. 335 of 2023. (5) Accordingly, writ petition is decided in terms of the judgment rendered in Writ Petition (S/S) No. 335 of 2023. (Manoj Kumar Tiwari, J.) 14.10.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d4625 03, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C6 7F3C91957BE53, cn=PRABODH KUMAR Date: 2025.10.15 10:23:46 +05'30' 2025:UHC:9130