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2025 DAILYLAW 14947 (UTT)

PRAKASH v. MANAGING DIRECTOR UTTARAKHAND TRANSPORT CORPORATION

WPSS/1801/2025 · 2025-11-06

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:9771 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1801/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. T.P.S. Takuli, learned counsel for the petitioner. 2. Mr. D.C.S. Rawat, learned counsel for the respondent-Uttarakhand Transport Corporation. 3. Petitioner retired from the post of Tinsmith from Uttarakhand Transport Corporation on 30.04.2017. After his retirement, an order was passed by respondent no. 3, whereby a sum of ₹76,139 was ordered to be recovered from the amount payable as Gratuity. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:- (i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order no. 3532/S.M.Pra./Hal/Sthapna-Se-Ni/2020 dated 06.01.2020 passed by respondent no. 3, by which the gratuity of Rs. 76,139/- (Rupees Seventy Six Thousand, One Hundred Thirty Nine Only) has been deducted from the total gratuity of the petitioner stating therein that the wrong pay fixation has been fixed by the department during the service tenure of the petitioner. (annexure no. 1 to the writ petition) (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the deducted amount i.e. Rs. 76,139.00/- (Rupees Seventy Six Thousand, One Hundred Thirty Nine only) in favour of the petitioner as early as possible preferably within a period of three months, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means. 2025:UHC:9771 4. Learned counsel for the petitioner submits that issue involved in this writ petition is no longer res integra and has been decided by Division Bench of this Court in SPA No. 245 of 2022 & other connected matters, vide judgment dated 04.04.2024. 5. Mr. D.C.S. Rawat, learned counsel appearing for Uttarakhand Transport Corporation do not dispute the submission made on behalf of petitioner and submits that writ petition can be decided in terms of judgment rendered in SPA No. 245 of 2022 & other connected matters. 6. Accordingly, the writ petition is decided in terms of judgment dated 04.04.2024 rendered in SPA No. 245 of 2022 & connected matters. (Manoj Kumar Tiwari, J) 06.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512 ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE 58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.06 04:17:32 -08'00' 2025:UHC:9771