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2025 DAILYLAW 7648 (UTT)

AJENDRA KUMAR v. UTTARAKHAND TRANSPORT CORPORATION

WPSS/968/2025 · 2025-06-13

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.968 of 2025 (S/S) Ajendra Kumar ….......Petitioner Vs. Uttarakhand Transport Corporation, Dehradun and others ……....... Respondents Present : Mr. Rohit Kumar, Advocate for the petitioner. Mr. Ashish Joshi, Advocate for the respondent nos.1 to 3. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant petition, the petitioner seeks the following reliefs:- “i) Issue a writ of certiorari quashing the impugned office order dated 29.3.2025 passed by respondent no.2 to the extent recovery has been made from the payment of gratuity to the tune of Rs.1,32,610/- (contained as Annexure No.1 to this writ petition). ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to return back the amount which has been recovered from the payment of gratuity towards the arrear of ACP/Pay Fixation to the tune of Rs.1,32,610/- along with interest @10% as per annum as per Payment of Gratuity Act till the actual payment and to pay the cost of the writ petition Rs.5000/- which is awarded by the Hon’ble Court in Writ Petition No.1593 of 2 2021 (S/S) “Balam Singh Aswal Vs. Managing Director and others” to the petitioner. iii) Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. iv) To award the cost of the petition in favour of the petitioner.” 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 vs. Ashok Kumar Saxena; and connected cases. 4. Learned counsel for the respondents admits this fact. 5. The matter is covered, therefore, 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, 3 Uttarakhand Transport Corporation, Dehradun and others vs. Ashok Kumar Saxena; and connected cases. (Ravindra Maithani, J.) 13.06.2025 Sanjay