2025:UHC:11390 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 2 2 3 8 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. None appears for the petitioner. Mr. Lalit Samant, Advocate, for the respondents. (2) Petitioner’s husband retired on 31.7.2016 from the post of Senior Clerk from Uttarakhand Transport Corporation. Subsequently, he died on 14.10.2022. It appears that at the time of his retirement, an order was passed providing for recovery of ₹2,67,495/ - from the amount payable as leave encashm ent. Thus feeling aggrieved, petitioner has approached this Court challenging the recovery order. (3) It is contended that petitioner’s husband was not instrumental in getting the extra amount, if any, nor did he play any fraud upon the Corporation and whatever amount was paid was as per the then prevailing policy of the Corporation. Therefore, in view of the law laid down by Hon’ble Supreme Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, excess amount paid to any Group ‘D’ or Group ‘C’ employee cannot be recovered, if the concerned employee is not in any manner responsible for such excess payment. Reliance is also placed upon a judgment rendered by Division Bench of this Court in Special Appeal No. 245 of 2022 and it is contended that this writ petition also deserves to be decided in terms of the judgment dated 4.4.2024, rendered in Special Appeal No. 245 of 2022. (4) Mr. Lalit Samant, learned Counsel 2025:UHC:11390 for the respondents, concedes that the issue involved in the present case is identical to the one decided in Special Appeal No. 245 of 2022. (5) Accordingly, this writ petition is decided in terms of the judgment dated 4.4.2024, rendered in Special Appeal No. 245 of 2022. ( Man oj Ku m ar Tiw ar i, J.) 1 9 .1 2 .2 0 2 5 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.22 11:27:08 +05'30' 2025:UHC:11390