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2025 DAILYLAW 16698 (UTT)

UMEED SINGH GUNSOLA v. STATE OF UTTARAKHAND

WPSS/1621/2021 · 2025-11-19

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10288 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 8 8 / 2 0 2 2 W it h W PSS/ 1 6 1 2 / 2 0 2 1 W PSS/ 1 6 2 1 / 2 0 2 1 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Shubhang Dobhal, learned counsel for the petitioners. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Lalit Samant, learned counsel for respondent – Uttarakhand Peyjal Nigam. 4. Petitioners served on Group ‘D’ post of Pump Operator in Uttarakhand Peyjal Nigam and they retired from service in different years. After their retirement, orders were passed against them providing for recovery of certain amount, from the amount payable to them as Leave Encashment. Thus, feeling aggrieved by the recovery orders, petitioners have approached this Court challenging the recovery. 5. It is contended by learned counsel for the petitioners that in view of law declared by Hon’ble Apex Court in the case of State of Punjab & others vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, post retirement recovery cannot be made from Group ‘D’ employees. 6. Learned counsel for the petitioners relied upon judgment dated 18.02.2025 rendered by coordinate Bench in WPSS No. 898 of 2024. 2025:UHC:10288 7. Learned counsel for Uttarakhand Peyjal Nigam, however, submits that he has no objection if the writ petitions are decided in terms of judgment dated 09.10.2025 rendered in WPSS No. 1810 of 2022. 8. Having regard to the facts and circumstances of the case, the writ petitions are decided in terms of judgment dated 09.10.2025 rendered in WPSS No. 1810 of 2022 and other connected matters. ( Man oj Ku m ar Tiw ar i, J) 19.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.19 04:15:21 -08'00'