HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.986 of 2025 (S/S) Madan Singh Bora ….......Petitioner Vs. Uttarakhand Transport Corporation, Dehradun and others ……....... Respondents Present : Mr. Rohit Kumar, Advocate for the petitioner. Mr. Manish Kumar, Advocate holding brief of 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 no.337 dated 6.6.2022 passed by respondent no.3 to the extent recovery has been made from the payment of gratuity to the tune of Rs.82,090/- and Rs.35,967/- from the payment of leave encashment i.e. total Rs.1,18,075/- (contained as Annexure No.1 and 2 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.82,090/- and Rs.35,967/- towards leave encashment, total Rs.1,18,075/- along with interest @10% as per annum as per Payment of Gratuity Act till 2 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 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 appearing for the respondents admit this fact. 5. The matter is covered, therefore, instant petition is decided in terms of the judgment dated 3 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. (Ravindra Maithani, J.) 17.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8 EC450A84B515A087CAEFD1B3179A7DEAE40699 , cn=SANJAY KANOJIA Date: 2025.06.18 17:58:43 +05'30'