Harish Singh vs Managing Director And Others
2024 Latest Caselaw 1587 UK

Uttarakhand High Court

Harish Singh vs Managing Director And Others on 2 August, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL

                 Writ Petition (S/S) No.1437 of 2024
Harish Singh                                                ....Petitioner
                                  Versus

Managing Director and others                             ...Respondents
                                   With

                 Writ Petition (S/S) No.1452 of 2024
Anandi Devi                                                 ....Petitioner
                                  Versus

Uttarakhand Transport Corporation and another            ....Respondents
                                   With

                 Writ Petition (S/S) No.1454 of 2024
Jagat Narayan                                               ....Petitioner
                                  Versus

Managing Director and others                             ....Respondents

Presence:-
       Mr. Ganesh Kandpal, learned counsel for the petitioners in WPSS
       Nos. 1437/2024 & 1454/2024.
       Mr. Kishore Kumar, learned counsel for the petitioner in WPSS
       No.1452/2024.
       Mr. Deepak Petshali, learned counsel holding brief of Mr. N.S.
       Pundir, learned counsel for the respondents in WPSS Nos.
       1437/2024 & 1454/2024.
       Mr. Ashish Joshi, learned counsel for the respondents in WPSS
       No.1452/2024

Hon'ble Pankaj Purohit, J. (Oral)

All these petitions involving common question of law and fact are decided by this common order.

2. Heard learned counsel for the parties.

3. By means of these writ petitions, petitioners have sought quashing of fixation order passed against them by the respondent- corporation. A further prayer has been made by them to make the payment of entire amount of gratuity due towards them alongwith interest earned thereupon.

4. Learned counsel for the petitioners submits that the controversy has been set at rest by a Co-ordinate Bench of this Court, vide judgment and order dated 14.06.2022 passed in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch of writ petitions, which are subsequently affirmed by the Division Bench of this Court vide judgment and order dated 04.04.2024 in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena, and Batch of Special Appeals.

5. Learned counsel for the respondents has also submitted that the present matters are squarely covered by the judgment and order dated 14.06.2022, which was affirmed in Special Appeals, as referred above by learned counsel for the petitioners, vide judgment dated 04.04.2024.

6. In this view of the matter, the writ petitions are allowed in terms of the judgment and order dated 14.06.2022 passed by a Coordinate Bench of this Court in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch, which was affirmed by a Division Bench of this Court in Special Appeal No.245 of 2022 Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena and Batch, vide judgment dated 04.04.2024. The case of the petitioners shall abide by the aforesaid judgment and order dated 14.06.2022, which was later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.

7. No order as to costs.

8. Pending applications, if any, stand disposed of accordingly.

(Pankaj Purohit, J.) 02.08.2024 AK