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2026 DAILYLAW 4319 (UTT)

DESHRAJ SINGH AMBEDKAR v. UTTARAKHAND TRANSPORT CORPORATION

WPSS/1049/2026 · 2026-04-28

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3214 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1049/2026 Hon’ble Manoj Kumar Tiwari, J. Ms. Sujata Chand, Advocate holding brief of Mr. G.D. Joshi, Advocate for the petitioner. Mr. D.C.S. Rawat, Advocate for the respondents. 2. Petitioner was an employee of Uttarakhand Transport Corporation, who retired from the post of Traffic Inspector on 30.06.2025. After his retirement, an order was passed on 03.07.2025, providing for recovery of Rs. 1,32,780/- from the amount payable as gratuity to him. Thus feeling aggrieved, petitioner has filed this writ petition challenging order dated 03.07.2025. 3. Learned counsel for Uttarakhand Transport Corporation submits that because of wrong fixation of pay, upon grant of ACP to petitioner, excess amount was paid to him, which has been directed to be recovered from him. 4. Learned counsel for petitioner relies upon a judgment rendered by Hon’ble Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others, reported in AIR 2015 SC 696, for contending that after retirement, no recovery can be made 2026:UHC:3214 from a Group ‘C’ or Group ‘D’ employee. She further submits that petitioner retired from Group ‘C’ post, in such view of the matter, he is protected by the said judgment. 5. She also relies upon the judgment rendered by Division Bench of this Court in Special Appeal No. 245 of 2022 and submits that similar issue was decided in that appeal. 6. Learned counsel appearing for the Corporation concedes that the issue involved in this writ petition has been decided by Division bench in the said appeal. 7. The writ petition is, accordingly, disposed of in terms of the judgment dated 04.04.2024, rendered in Special Appeal No. 245 of 2022. (Manoj Kumar Tiwari, J.) 28.04.2026 Mahinder/