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2026 DAILYLAW 5327 (UTT)

RAJENDRA SINGH RAWAT v. TRANSPORT COMMISSIONER, STATE OF UTTARAKHAND

WPSS/791/2025 · 2026-05-18

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3793 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 7 9 1 / 2 0 2 5 W PSS 1 8 9 3 / 2 0 2 4 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Sandeep Kothari, Advocate, for the petitioner. Mr. P.S. Bisht, Chief Standing Counsel, for the State. (2) Petitioner retired from the post of Accountant from Transport Department on 30.6.2024. An order of recovery was passed against him on 7.4.2025, which is challenged in Writ Petition (S/ S) No. 791 of 2025. In that writ petition, petitioner has also sought a direction to the authority concerned to pay the retirem ent benefits, including gratuity, commutation, etc. (3) Mr. Brijesh Kumar Sant, Commissioner, Transport is physically present before this Court. He makes a statement that the order, whereby recovery was ordered to be made, has been withdrawn. He submits that the only issue remaining now is regarding payment of pension. (4) Learned Counsel for the petitioner submits that petitioner was sent on deputation to Association of State Transport Undertakings at New Delhi for two years and petitioner’s pension has been withheld only on the ground that his pension contribution has not been received from Association of State Transport Undertakings. He subm its that petitioner has put in total 35 years of service and even if two years, during which he served with Association of State Transport Undertakings is excluded, then also 2026:UHC:3793 petitioner is entitled to full pension as his qualifying service would be more than 33 years. Learned Counsel for the petitioner thus subm its that authorities be directed to fix his pension and release the same in favour of petitioner. (5) Mr. Brijesh Kumar Sant, Commissioner, Transport assures that needful will be done and the pension would be released in favour of petitioner positively within 15 days. (6) In view of the assurance given by Commissioner, Transport, no further direction is needed in the matter. Writ petitions are accordingly disposed of. However, it is made clear that in case the authority concerned fails to release the pension and other pending dues to petitioner within 15 days, petitioner shall be at liberty to m ove appropriate application before this Court. (7) Personal appearance of Commissioner, Transport is dispensed with. ( Man oj Ku m ar Tiw ar i, J.) 1 8 .5 .2 0 2 6 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4 e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB 588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.18 17:20:56 +05'30' 2026:UHC:3793