SPA/242/2022
2022 Latest Caselaw 3486 UK

         IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
           THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                AND
          THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE

               SPECIAL APPEAL NO. 242 OF 2022

                  02ND NOVEMBER, 2022

BETWEEN:
Managing Director Uttarakhand Transport Corporation &
others                                             .....Appellants.
And

Mumtaj Ahmad                                       ....Respondent.

With

SPECIAL APPEAL NO. 248 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation .....Appellant.

And

Dungar Singh                                         ....Respondent.

                                 With

               SPECIAL APPEAL NO. 250 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Nanda Ballabh Tewari ....Respondent.

With

SPECIAL APPEAL NO. 258 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Hemendra Singh ....Respondent.

With

SPECIAL APPEAL NO. 261 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Harminder Singh ....Respondent.

With

SPECIAL APPEAL NO. 264 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Anand Singh Adhikari ....Respondent.

With

SPECIAL APPEAL NO. 268 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Chandni Pandey ....Respondent.

With

SPECIAL APPEAL NO. 278 OF 2022

BETWEEN:

Managing Director Uttarakhand Transport Corporation & others .....Appellants.

And

Deewan Singh Rawat ....Respondent.

Counsel for the Appellants : Mr. Ashish Joshi, learned counsel.

Counsel for the Respondents : Mr. B.M. Pingal, Mr. N.K. Papnoi, Mr. Kishore Kumar, learned counsels.

The Court made the following:

COMMON JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

These special appeals have been preferred against

the common judgment dated 14.06.2022, rendered by the

learned Single Judge, in writ petitions preferred by each of

the aforesaid respondents. The writ petitions preferred by

each of the aforesaid respondents are the following:-

"1. Writ Petition (S/S) No.1595 of 2021, Mumtaj Ahmad vs. Managing Director & others.

2. Writ Petition (S/S) No.301 of 2022, Dungar Singh vs. Managing Director & others.

3. Writ Petition (S/S) No.302 of 2022, Nanda Ballabh Tewari vs. Managing Director & others.

4. Writ Petition (S/S) No.306 of 2022, Hemendra Singh vs. Managing Director & others.

5. Writ Petition (S/S) No.1627 of 2021, Harminder Singh vs. Managing Director & others.

6. Writ Petition (S/S) No.305 of 2022, Anand Singh Adhikari vs. Managing Director & others.

7. Writ Petition (S/S) No.309 of 2022, Chandni Pandey vs. Managing Director & others.

8. Writ Petition (S/S) No.303 of 2022, Deewan Singh Rawat vs. Managing Director & others."

2. The petitioners had preferred the writ petitions

seeking to release their retiral dues, which were withheld by

the appellant-Corporation. The only justification offered for

withholding retiral dues of the respondents herein was

paucity of funds with the appellant-Corporation. The learned

Single Judge has allowed the aforesaid writ petitions

preferred by the respondents herein (apart from eighteen

other writ petitions), by directing the appellant-Corporation to

pay the retiral benefits with its arrears, as sought by the

petitioners-employees in each of the respective writ petition,

as expeditiously as possible, but not later than three months

from the date of production of certified copy of the order.

Costs of Rs.5,000/- have also been imposed upon the

appellants-Corporation in each of the writ petitions.

3. Considering the fact that there was no recovery

claimed to be outstanding from the respondents, and the only

reason offered for non-payment of the retiral dues of the

respondents herein was paucity of funds, we are of the view

that there is absolutely no merit in these special appeals. The

imposition of costs of Rs.5,000/- is also not unjustified,

considering the fact that the respondents herein were driven

to file writ petitions to receive their retiral dues- in respect

whereof, there was no dispute.

4. We, therefore, dismiss the present special appeals.

We, however, make it clear that this order shall not have any

bearing on other special appeals preferred by the appellant-

Corporation, arising from the impugned common judgment in

relation to eighteen other writ petitioners, where the case of

the appellant-Corporation is that on account of wrong fixation

of pay upon grant of A.C.P., the excess amounts have been

paid, which the appellant-Corporation is entitled to recover

from the retiral dues of such employees.

(VIPIN SANGHI, C.J.)

(R.C. KHULBE, J.) Dated: 02nd November, 2022 NISHANT