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2025 DAILYLAW 5041 (UTT)

GOPAL SINGH BORA v. UTTARAKHAND TRANSPORT CORPORATION

WPSS/539/2025 · 2025-04-15

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2743 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. 539 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rohit Kumar, learned counsel for the petitioner. 2. Mr. Manish Kumar, learned counsel holding the brief of Mr. Ashish Joshi, learned counsel for the respondents. 3. By the instant petition, the petitioner is praying for the following relief: “(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to return back the amount of arrears to the petitioner towards 3rd ACP which is recovered from the payment of gratuity to the tune of Rs. 5,02,859/- along with 10% interest which is prescribed in the payment of Gratuity Act upto the actual payment and also pay the cost of Rs. 5000/- which is given in the Writ Petition No. 1593 of 2021 (S/S) “Balam Singh Aswal vs. Managing Director and others” and the same judgment was affirmed by the Hon’ble Division Bench of this Hon’ble Court in Special Appeal No. 245 of 2022 “Managing Director, Uttarakhand Transport Corporation and others vs. Ashok Kumar Saxena”.” 4. Learned counsel for the petitioner submits that the issue as raised in this petition is squarely covered by the judgment passed by the Division Bench dated 04.04.2024 passed in bunch of Special Appeals, the leading one is Special Appeal No. 245 of 2022. 5. Learned counsel for the respondents have not disputed this fact and also fairly submits that the issue as raised in this petition is squarely covered by the aforesaid judgment. 6. In view of the submission as advanced by the learned counsel for the parties, the writ petition is disposed of in terms of the judgment 2025:UHC:2743 dated 04.04.2024 passed in bunch of Special Appeals, the leading one is Special Appeal No. 245 of 2022. (Rakesh Thapliyal, J.) 15.04.2025 PR