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High Court of Uttarakhand · body

2025 DAILYLAW 6748 (UTT)

PUSHPA JUYAL v. MANAGING DIRECTOR, UTC

WPSS/841/2025 · 2025-05-23

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No.841 of 2025 Pushpa Juyal ...Petitioner Versus Managing Director, Uttarakhand Transport Corporation, Headquarter At UCF Sadan and others ….Respondents Present: Mr. Rohit Kumar Gaur, Advocate for the petitioner. Mr. Lalit Samant, Advocate for the respondents. Hon’ble Ravindra Maithani, J.(Oral) By means of instant petition, the petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 09-03- 2022 (contained as Annexure No.1 to the writ petition) whereby an order of recovery of Rs.2,42,326/- from the retiral dues i.e. gratuity, leave encashment and arrear of salary has been made by the respondent authority after superannuation of the late husband of the petitioner. (ii) Issue a writ, order of direction in the nature of Mandamus commanding and directing the respondent authority to refund/disburse the deducted amount to the tune of Rs.2,42,326/- (Two Lakh Forty Two Thousand Three Hundred Twenty Six Rupees) as same has been made from the retiral dues i.e. gratuity, leave encashment and arrears of salary of the late husband of the petitioner, after superannuation of the late husband of the petitioner from post attached to him with statutory interest as per Section 7 (3-A) of the Payment of Gratuity Act 1972 as well as penal interest on leave encashment amount arrear of salary. 2 (iii) Pass any other order or orders as this Hon’ble Court may deem fit any necessary in the interest of justice.” 2. Heard learned counsel for the parties and perused the record. 3. At the very outset, learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others and other connected matters. 4. This fact is admitted by the learned State counsel. 5. Since the matter is covered, instant petition is decided in terms of the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others and other connected matters. (Ravindra Maithani, J.) 23.05.2025 Jitendra