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2026 DAILYLAW 8983 (UTT)

LAKHAMI CHANDRA v. MANAGING DIRECTOR

WPSS/1982/2026 · 2026-07-28

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010130792026 2026:UHC:6497 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1982/2026 Lakhami Chandra --Petitioner Versus Managing Director --Respondent Hon'ble Manoj Kumar Tiwari, J. Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner. 2. Mr. Shobhit Joshi, Advocate, holding brief of Mr. Ashish Joshi, Advocate for the respondents. 3. By means of this writ petition, petitioner has sought the following reliefs:- “i) Issue a writ, order or direction in the nature of Certiorari quashing the 168/ Sa.Ma. Pra./ Ram./ Stha./ Gratuity-Chalak/26 dated 31-01-2026 passed by impugned order no. the respondent no. 3, by which an amount of Rs. 6,36,626/-(Rupees Six Lakhs, Thirty Six Thousand, Six Hundred Twenty Six only) has been deducted from the Gratuity stating therein that the excess ACP/pay has been paid to the petitioner by the department during the service tenure of the petitioner, which creates great hardship, irreparable loss and injury to the petitioner and the same cannot be compensated by any means. {annexure no. 1 (Page No. 15,16,17) to the writ petition). ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the deducted amount i.e. Rs. 6,36,626/- (Rupees Six Lakhs, Thirty Six Thousand, Six Hundred Twenty Six only) alongwith other unpaid retiral dues in favour of the petitioner as early as possible preferably within a period of three months, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.” UKHC010130792026 2026:UHC:6497 4. Learned counsel for the parties are unanimous on the point that the issue involved here is decided by Division Bench in Special Appeal No. 245 of 2022. 5. In view of the concession made by learned counsel appearing for the Uttarakhand Transport Corporation, the writ petition is decided in terms of judgment rendered in Special Appeal No. 245 of 2022. (Manoj Kumar Tiwari, J.) 28.07.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A86DA AB21CE5, cn=NAVEEN CHANDRA Date: 2026.07.28 16:40:36 +05'30'