Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.1216 of 2025
Sri Krishna Kant Durgapal
...Petitioner
Versus
Managing Director, Uttarakhand Transport Corporation and others
….Respondents
Present: Mr. Rajat Pandey, Advocate for the petitioner. Ms. Sangeeta Adhikari Patni, Advocate, holding brief of Mr. N.S. Pundir, Advocate for the respondents.
Hon’ble Ravindra Maithani, J.(Oral)
By means of instant petition, the petitioner has sought the following reliefs:-
“(i) a writ, order or direction in the nature of certiorari to call for the record of case and quash impugned recovery order dated 24-5-2022 & 24-12-2021 contained in Annexure no.2 & 3 to this writ petition. (ii) a writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount i.e. Rs.98522.00 + Rs.148800.00 Total Rs. 247322.00 recovered from the Retiral dues i.e. Gratuity & Leave Encashment of the petitioner. (iii) a writ, order or direction in the nature of mandamus directing the respondents to release the gratuity/leave encashment amount of the petitioner on the basis of last drawn salary of the petitioner. (iv) a writ, order or direction in the nature of mandamus, which this Hon’ble court may deem fit and proper on the basis of the facts and circumstances of the case. (v) Award the cost of the petition to the petitioner.”
2
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.)
22.07.2025 Jitendra