Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4200 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1399/2026 Hon’ble Manoj Kumar Tiwari, J.
Mr. Akshay Latwal, Advocate for the petitioner.
2. Mr. N.S. Pundir, Advocate for the respondents.
3. Petitioner is widow of late Ramesh Gaur, who was employed as Booking Clerk with Uttarakhand Transport Corporation and died while in service on
04.07.2016. Petitioner is challenging
order dated 15.06.2022, whereby a sum of `1,34,672/- has been directed to be recovered from the amount payable as leave encashment to her.
4.
Learned counsel for Uttarakhand Transport Corporation submits that due to mistake, upon grant of benefit of ACP, pay of petitioner’s husband was fixed at a higher level, which resulted in excess payment and such excess payment has now been ordered to be recovered. He thus submits that there is no illegality or infirmity in the order, impugned in this writ petition.
5.
Learned counsel for petitioner relies upon a judgment, rendered by Division Bench of this Court, in Special Appeal No. 245 of 2022 and submits that since identical issue has been decided by Division Bench in that case, therefore, the present writ petition also deserves to be decided in terms of Division Bench
judgment.
2026:UHC:4200
6. Mr. N.S. Pundir, learned counsel appearing for Corporation concedes that the issue involved is identical and submits that he has no objection, if the writ petition is decided in terms of
judgment rendered in Special Appeal No. 245 of 2022.
7. In view of consensus between
learned counsel for the parties, the writ petition is decided in terms of the
judgment dated 04.04.2024 rendered in Special Appeal No. 245 of 2022. The
order or recovery passed qua the petitioner is quashed; all pending dues, including leave encashment shall be released in favour of petitioner within six weeks from date of presentation of certified copy of this order.
(Manoj Kumar Tiwari, J.) 27.05.2026 Navin