KULDEEP SHARMA v. UTTARAKHAND TRANSPORT CORPORATION
WPSS/2519/2024 · 2025-01-03
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14002 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14002 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:72 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS No. 2519 of 2024
1. Mr. I.D. Paliwal, learned counsel for the petitioner and Mr. Sumit Kumar, learned counsel, holding brief of Mr. Ashish Joshi,
learned counsel for the respondents.
2. By the instant writ petition, the petitioner is praying for the following reliefs:
“(i) Issue a writ of certiorari quashing the impugned office order dated 30.05.2024 passed by respondent no. 2 to the extent recovery has been made from the payment of gratuity to the tune of Rs. 5,87,076/- towards excess payment of salary which the petitioner has already received (contained as Annexure No. 1 to this 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 salary which is deducted from the payment of gratuity to the tune of Rs. 5,87,076/- alongwith 10% interest which is prescribed in the Payment of Gratuity Act and also pay the cost of Rs.5000/- which is given to all the petitioners in the earlier writ petition.”
3. Heard learned counsel for the parties and perused the record.
4. 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 vs. Ashok Kumar Saxena
2025:UHC:72 and connected cases’.
5. Learned counsel Mr. Sumit Kumar, who appears for the respondent-Corporation have not disputed this fact.
6. Since, the matter is covered; therefore, the instant writ petition is also 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 vs. Ashok Kumar Saxena and connected cases’.
(Rakesh Thapliyal, J.) 03.01.2025 Ujjwal