2026:UHC:2433 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/914/2026 Hon’ble Manoj Kumar Tiwari, J 1. Mr. K.K. Joshi, learned counsel for the petitioner. 2. Mr. Lalit Samant, learned counsel for the respondents-Uttarakhand Transport Corporation. 3. Petitioner retired from the post of Senior Clerk from Uttarakhand Transport Corporation on 30.11.2025. After his retirement, an order was passed on 02.12.2025, whereby it was provided that a sum of ₹1,77,431/- be recovered from the amount payable as Gratuity to the petitioner. Feeling aggrieved by the said order, petitioner has filed this writ petition. 4. Learned counsel for the petitioner submits that after retirement, recovery has been made without affording any opportunity of hearing. He further submits that petitioner was a Group ‘C’ employee, therefore, in view of law declared by Hon’ble Apex Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, recovery is impermissible. He also refers to a judgment rendered by Division Bench of this Court in SPA No. 245 of 2022. He submits that identical issue was decided in the said judgment, therefore, this writ petition deserves to be decided in terms of that judgment. 5. Learned counsel appearing for Uttarakhand Transport Corporation does 2026:UHC:2433 not dispute the said submission and fairly submits that the issue involved in this writ petition is identical. 6. Accordingly, the writ petition is decided in terms of judgment dated 04.04.2024 rendered in SPA No. 245 of 2022. Respondents are directed to clear all pending dues of the petitioner, including Leave Encashment, within three months from today. (Manoj Kumar Tiwari, J) 07.04.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.04.07 07:35:42 -07'00'