Uttarakhand High Court

Namita Joshi vs Uttarakhand Transport Corporation on 4 July, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL

                  Writ Petition (S/S) No.598 of 2022
Namita Joshi                                                    ....Petitioner
                                  Versus

Uttarakhand Transport Corporation
Headquarter Dehradun and others                             ....Respondents

Presence:-
       Mr. I.D. Paliwal, learned counsel for the petitioner.
       Mr. Lalit Samant, learned counsel for the respondents.

Hon'ble Pankaj Purohit, J. (Oral)

Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has sought the indulgence of this Court for quashing the office order dated 19.02.2022 issued by respondent no.2 (annexure no.9) and further a direction to respondents to make the payment of entire amount of leave encashment of ₹3,39,487/- which was duly sanctioned on 24.07.2019 alongwith interest.

3. Learned counsel for the petitioner 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.

4. Learned counsel for the respondents has also submitted that the present matter is 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 petitioner vide judgment dated 04.04.2024.

5. In this view of the matter, the writ petition is 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 is 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 petitioner shall abide by the aforesaid judgment and order dated 14.06.2022, which is later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.

(Pankaj Purohit, J.) 04.07.2024 SK