DUNGAR SINGH PARIHAR v. MANAGING DIRECTOR UTTARAKHAND
WPSS/366/2025 · 2025-03-20
Rakesh Thapliyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4078 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4078 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:1936 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS No. 366 of 2025 Hon’ble Rakesh Thapliyal, J.
1. Mr. Tarun Prakash Singh Takuli,
learned counsel for the petitioner.
2. Mr. Manish Kumar, learned counsel, holding brief of Mr. Ashish Joshi, learned counsel for the respondents.
3. The petitioner is praying for the following relief(s):
“i) Issue a writ, order or direction in the nature of Certiorari quashing the impugned
order no.1695 KR/Aath- Nakadikaran/February-2019 dated 23.11.2019 passed by the respondent No.2, by which the encashment of Rs. 1,83,571/- (Rupee One Lakhs, Eighty Three Thousand, Five Hundred Seventy One only) has been deducted from the total encashment amount of the petitioner stating therein that the wrong pay fixation has been fixed by the department during the service tenure of the petitioner. (annexure no.1 to the writ petition). ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the deducted amount i.e. Rs. 1,83,571/- (Rupee One Lakhs, Eighty Three Thousand, Five Hundred Seventy One only) in favour of the petitioner as early as possible preferably within a period of three months, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means”
4.
Learned counsel for the petitioner submits that the issue, as raised in the present petition, is squarely covered by the judgment rendered by the Division Bench passed in bunch of Special Appeal leading one Special Appeal No. 245 of
2025:UHC:1936 2022, “Managing Director Uttarakhand Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on
04.04.2024.
5. Mr. Manish Kumar, learned counsel for the respondents also fairly submits that the issue as raised in this petition are squarely covered by the said judgment.
6. In view of the statement as given above, the present writ petition is disposed of in terms of the judgment rendered by the Division Bench passed in bunch of Special Appeal leading one Special Appeal No. 245 of 2022, “Managing Director Uttarakhand Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on 04.04.2024.
(Rakesh Thapliyal, J.) 20.03.2025 R.Bisht
2025:UHC:1936