2026:UHC:1896 SL. No. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS W PSS 8 1 2 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J Mr. T.P.S. Takuli, Advocate for the petitioner. Mr. Ashish Joshi, Advocate for the respondent-Uttarakhand Transport Corporation, appeared virtually. 2. According to petitioner, he retired from a Group ‘D’ post of Labourer in Uttarakhand Transport Corporation on 30.11.2025. After his retirement, an order of recovery was passed against him on 2.1.2026 by respondent no. 2, whereby an amount of ₹1,37,295/ - has been ordered to be recovered from the amount payable as gratuity to the petitioner. Thus, feeling aggrieved, petitioner has approached this Court. 3. Learned Counsel for the petitioner submits that after retirement, order of recovery cannot be passed against a Group ‘D’ employee, as he is immune from recovery in view of law laid down by Hon’ble Supreme Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334. Learned Counsel also relies upon a judgment dated 4.4.2024, passed by Division Bench of this Court in SPA No. 245 of 2022. He submits that the issue involved here is identical to the one decided in the said Special Appeal. 4. Mr. Ashish Joshi, learned Counsel appearing for Uttarakhand Transport Corporation, concedes that the issue involved in the present writ petition is identical to the one decided by Division 2026:UHC:1896 Bench of this Court in SPA No. 245 of 2022 and submits that writ petition can be decided in terms of judgment rendered in SPA No. 245 of 2022. 5. Accordingly, the writ petition is decided in terms of judgment dated 4.4.2024, rendered in SPA No. 245 of 2022. ( Man oj Ku m ar Tiw ar i, J) 19.3.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53 , cn=PRABODH KUMAR Date: 2026.03.19 18:11:21 +05'30'