WPSS/711/2020
2021 Latest Caselaw 3071 UK

IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL
       ON THE 13TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) NO. 711 OF 2020
BETWEEN:

Sri Pawan Kumar & others               ... Petitioners

     (By Mr. Ganesh Kandpal, Advocate)

AND:
State of Uttarakhand & others          ... Respondents
     (By Mr. Vinod Nautiyal, learned Deputy Advocate General
     for the State of Uttarakhand and Mr. Ashish Joshi,
     learned counsel for respondent nos. 2 to 4)

                       JUDGMENT

1. Petitioners were appointed in Uttar Pradesh State Road Transport Corporation. Upon creation of Uttarakhand Road Transport Corporation, their services stood transferred to the new Corporation and they retired, while serving in Uttarakhand Road Transport Corporation on different dates between 01.01.2006 to 30.09.2009.

2. By means of this writ petition, petitioners have sought following relief:-

1. a writ, order or direction in the nature of mandamus directing the respondents to determine the retiremental benefits of the petitioners on the basis of pay fixation made by the respondent on the date of their respective date of retirement in pursuant to the order dated 7.7.2014 passed by this Hon'ble court.

2. a writ, order or direction in the nature of mandamus directing the respondents to

grant/release the difference of the amount of retiremental benefits already paid and refix as per order dated 7.7.2018 along with 18 % interest.

3. Learned counsel for the petitioners submits that the controversy raised in this writ petition is covered by judgment dated 20.07.2018 rendered by coordinate Bench of this Court in WPSS No. 1275 of 2017. He further submits that the said judgment has been complied by the respondent corporation and petitioners in the said writ petition have been given revised retiral benefits, with arrears.

4. Mr. Ashish Joshi, learned counsel for the respondent corporation submits that the Government Order dated 15.10.2009 and 02.02.2010 are coming in the way in granting terminal benefits to the petitioners on the basis of notional pay fixation made by the Corporation. However, Government Orders were considered by coordinate Bench while deciding WPSS No. 1275 of 2017.

5. Since the controversy in the present writ petition has been settled by judgment dated 20.07.2018 rendered in WPSS No. 1275 of 2017, therefore, present writ petition is also disposed of in terms of the said judgment.

(MANOJ KUMAR TIWARI, J.) Aswal