HEERA SINGH v. MANAGING DIRECTOR, UTTARAKHAND TRANSPORT CORPORATION
WPSS/934/2025 · 2025-11-18
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15625 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15625 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:10207 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
W PSS 1 9 2 2 / 2 0 2 5 W PSS 1 9 2 3 / 2 0 2 5 W PSS 1 9 2 7 / 2 0 2 5 W PSS 9 3 4 / 2 0 2 5
Hon ’ble Man oj Ku m ar Tiw ar i, J.
Mr. Mahesh Bhatt, Advocate, for the petitioner.
Mr. Lalit Samant, Advocate, for the respondents.
(2) Petitioners were employees of Uttarakhand Transport Corporation. After their retirement, recovery orders were passed against them by the Regional General Manager (Operations) on different dates. In the recovery orders, it was mentioned that excess payment was made to petitioners due to m istake in their pay fixation while they were in employment.
(3)
Learned Counsel for the petitioner submits that in view of the law declared by Hon’ble Supreme Court in the case of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, no recovery can be made from Group ‘C’ and Group ‘D’ employees and further that after retirement, recovery cannot be ordered.
(4)
Learned Counsel for the Uttarakhand Transport Corporation submits that petitioners may be permitted to make representation to the Managing Director of the Corporation, who shall take decision thereupon.
(5) Writ petitions are, accordingly,
disposed of by perm itting the petitioners to make representation to Managing Director against the recovery ordered from them. If petitioners make such representation within
2025:UHC:10207 two weeks from today, Managing Director shall take decision thereupon, as per law, within three months thereafter.
( Man oj Ku m ar Tiw ar i, J.)
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PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61 af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB58 8052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.18 17:38:50 +05'30'