Uttarakhand High Court
Appellants vs Daya Kishan Pathak And Others on 5 August, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
5TH AUGUST, 2024
SPECIAL APPEAL NO. 60 OF 2024 (1)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Daya Kishan Pathak and others. ...Respondents
SPECIAL APPEAL NO. 105 OF 2024 (2)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Bhuwan Chandra Fulara and another ...Respondents
SPECIAL APPEAL NO. 106 OF 2024 (3)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Satya Prakash and another. ...Respondents
SPECIAL APPEAL NO. 107 OF 2024 (4)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Kanhaiya Lal Rastogi and another. ...Respondents
SPECIAL APPEAL NO. 108 OF 2024 (5)
Managing Director Uttarakhand Transport Corporation
and others. .....Appellants.
Versus
Mohan Singh Bhandari ...Respondent
SPECIAL APPEAL NO. 109 OF 2024 (6)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Radhey Shyam Giri ...Respondent
SPECIAL APPEAL NO. 110 OF 2024 (7)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Jay Kishan and another ...Respondent
SPECIAL APPEAL NO. 111 OF 2024 (8)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Dinesh Kumar Gusain and others. ...Respondents
SPECIAL APPEAL NO. 112 OF 2024 (9)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Bishamber Datt Sanguri and another ...Respondents
SPECIAL APPEAL NO. 113 OF 2024 (10)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Gurudev Singh ...Respondent
SPECIAL APPEAL NO. 114 OF 2024 (11)
Managing Director Uttarakhand Transport Corporation
and others.
.....Appellants.
Versus
Leeladhar Kandpal ...Respondent
SPECIAL APPEAL NO. 115 OF 2024 (12)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Subhash Chandra Mishra and another. ...Respondents
SPECIAL APPEAL NO. 120 OF 2024 (13)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Anwar Kamal and another. ...Respondents
SPECIAL APPEAL NO. 121 OF 2024 (14)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Veer Singh ...Respondent
SPECIAL APPEAL NO. 122 OF 2024 (15)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Rajnish Kumar and another ...Respondents
SPECIAL APPEAL NO. 123 OF 2024 (16)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Harbhajan Singh ...Respondent
SPECIAL APPEAL NO. 124 OF 2024 (17)
Managing Director and others.
.....Appellants.
Versus
Nathi Ram and others. ...Respondents
SPECIAL APPEAL NO. 125 OF 2024 (18)
2
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Vijay Singh ...Respondent
SPECIAL APPEAL NO. 126 OF 2024 (19)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Kunwar Pal Singh and another. ...Respondents
SPECIAL APPEAL NO. 127 OF 2024 (20)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Surendra Singh Rawat and another. ...Respondents
SPECIAL APPEAL NO. 128 OF 2024 (21)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Om Prakash and another. ...Respondents
SPECIAL APPEAL NO. 129 OF 2024 (22)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Ishwar Singh ...Respondent
SPECIAL APPEAL NO. 130 OF 2024 (23)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Abadesh Chandra Upadhyay and another......Respondents
SPECIAL APPEAL NO. 131 OF 2024 (24)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Shiv Singh .....Respondent
SPECIAL APPEAL NO. 132 OF 2024 (25)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Veer Pal Agri and another .....Respondents
SPECIAL APPEAL NO. 133 OF 2024 (26)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Arun Kumar Singh and others. .....Respondents
SPECIAL APPEAL NO. 134 OF 2024 (27)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
3
Dharm Das and another. .....Respondents
SPECIAL APPEAL NO. 135 OF 2024 (28)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Sachin Kumar Bhartiya and another. .....Respondents
SPECIAL APPEAL NO. 136 OF 2024 (29)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Satpal .....Respondent
SPECIAL APPEAL NO. 137 OF 2024 (30)
Uttarakhand Transport Corporation and others.
.....Appellants.
Versus
Raghuveer Singh ......Respondent
Counsel for the appellant : Mr. Ashish Joshi, learned counsel.
Counsel for the respondents : Mr. M.C. Pant, Mr. G.D. Joshi, Mr.
Piyush Tiwari, Mr. Kishore Kumar and
Mr. N.K. Papnoi, learned counsel for
the respondent-writ petitioners.
Mr. B.S. Parihar, learned Standing
Counsel, Ms. Puja Banga and Ms.
Rajni Supyal, learned Brief Holders for
the State.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
Heard learned counsel for the appellant at
length.
2. Present Special Appeals have been filed by the
Uttarakhand Transport Corporation against the
judgment and order dated 05.01.2024 passed by the
learned Single Judge in Writ Petition (S/S) No. 363 of
2022 titled as 'Daya Kishan Pathak and others vs.
State of Uttarakhand and others' and bunch of writ
petitions, whereby the writ petitions filed by the
respondent-writ petitioners have been allowed and the
Corporation has been restrained from recovering any
amount, which was allegedly paid in excess to the
respondent-writ petitioners than what they were
entitled to. It was also directed that the retiral dues,
including gratuity of the respondent-writ petitioners, if
withheld for recovery of the excess payment, shall be
released forthwith. As regards the serving employees,
liberty was given to the Corporation to pass
appropriate order, as per law, but, only after hearing
them.
3. A similar issue had come-up for consideration in
Special Appeal No. 245 of 2022 and bunch of Special
Appeals. Those Special Appeals, which had been filed
by the Uttarakhand Transport Corporation, have
already been dismissed by this Court by order dated
4th April, 2024.
4. The issue involved in these cases is also that
from the persons retired and who are going to be
retired, no recovery should be made as per the
judgment of the Supreme Court in the case of State
of Punjab and others vs. Rafiq Masih (White
Washer) and others (2015) 4 SCC 334.
5. These Special Appeals are also dismissed in
terms of the order dated 4th April, 2024 passed by this
Court in Special Appeal No. 245 of 2022 and bunch of
Special Appeals, and it is being observed that if some
recovery has been made from the respondent-writ
petitioners, the same shall be returned to them within
four weeks from today.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 5th August, 2024
Rathour
