2026:UHC:1749 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 7 7 1 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Rajesh Chandra Kandpal, learned counsel for the petitioner. 2. Ms. Sangeeta Adhikari Patni, Advocate holding brief of Mr. N.S. Pundir, learned counsel for the respondents. 3. Petitioner retired from Group ‘C’ post of Clerk from Uttarakhand Transport Corporation on 31.01.2026. On 30.01.2026, an order was passed by Divisional Manager (Operation), Uttarakhand Transport Corporation providing for recovery of ₹3,46,831/- from the amount payable as Gratuity to the petitioner. Thus, feeling aggrieved by the said order, petitioner has filed this writ petition challenging the order dated 30.01.2026. 4. Learned counsel for the petitioner submits that petitioner was not responsible in any manner for the excess payment, if any, and as Group ‘C’ employee, he is not liable to any recovery of excess payment 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. 5. Learned counsel for the petitioner 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. 2026:UHC:1749 6. Learned counsel appearing for Uttarakhand Transport Corporation does not dispute the said submission and fairly submits that the issue involved in this writ petition is identical. 7. Accordingly, the writ petition is decided in terms of judgment dated 04.04.2024 rendered in SPA No. 245 of 2022. ( Man oj Ku m ar Tiw ar i, J) 16.03.2026 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: 2026.03.18 05:43:09 -07'00'