2025:UHC:11391 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 9 / 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 retired from the post of Senior Station Incharge from Uttarakhand Transport Corporation on 31.1.2022. Three days before his retirement, on 28.1.2022, an order was passed against him providing for recovery of ₹94,700/ - from the amount payable as gratuity. Thus feeling aggrieved, petitioner has approached this Court challenging the recovery order. (3) It is contended that petitioner is not responsible for extra am ount, if any, paid to him and whatever was paid to him was paid as per the then prevailing policy of the Corporation. It is further contended that in view of 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 an employee cannot be recovered, if the concerned employee is not in any manner responsible for such excess payment. Reliance is 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 for the respondents, concedes that the issue involved in the present case is identical to the one decided in Special 2025:UHC:11391 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 11:29:21 +05'30'