2025:UHC:11387 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 5 / 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 was serving as Mechanic in Uttarakhand Transport Corporation, who died while in service on 17.10.2022. After his death, an order was passed on 3.2.2023 by the Regional Manager (Technical) providing for recovery of ₹7,79,493/- from the amount payable as gratuity to the fam ily. 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 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:11387 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e 61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB5 88052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.22 11:28:25 +05'30' 2025:UHC:11387