Dungar Ram vs Managing Director And Others
2024 Latest Caselaw 1070 UK

Uttarakhand High Court

Dungar Ram vs Managing Director And Others on 5 June, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

   HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No.894 of 2024

Dungar Ram                                                   ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents
                                     With

                   Writ Petition (S/S) No.895 of 2024

Geeta Joshi                                                  ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents

                   Writ Petition (S/S) No.899 of 2024


Satya Prakash Vishnoi                                        ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents

                   Writ Petition (S/S) No.906 of 2024


Sri Raj Kumar                                                ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents

                   Writ Petition (S/S) No.907 of 2024


Nanda Ballabh                                                ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents

                   Writ Petition (S/S) No.908 of 2024


Ram Kumar Prabhakar                                          ........Petitioner
                                    Versus
Managing Director and others                                 .....Respondents


Present:- Mr. Ganesh Kandpal, learned counsel for the petitioner(s).
          Mr. Ashish Joshi, learned counsel for the respondents, appeared through
         video conferencing.
                                       2




Hon'ble Pankaj Purohit, J.

Since all these petitions entail common questions of fact and law hence these are being taken up together and decided by this common order. Facts of WPSS No.894 of 2024 are taken up for consideration.

2. In all these petitions, petitioners have prayed to issue a writ of certiorari, quashing the impugned pay fixation as also the recovery order, whereby certain amount has been directed to be recovered from them.

3. Facts in nutshell are that petitioner was appointed as Black Smith Grade-II in the respondent-department and was promoted from time to time and lastly, he was promoted on the post of Body Mechanic and on attaining the age of superannuation, he retired from service on 31.03.2018. Since post retiral dues of petitioner were not released, he represented the department and by order dated 28.12.2021, the pay of petitioner was re- fixed. The representation made by the petitioner could not yield any result. Even the amount due towards gratuity of petitioner has been reduced by the impugned order passed by respondent no.2 and further a direction for recovery of amount paid in excess was directed to be made. Hence, this writ petition.

4. Learned counsel for the petitioners submits that the controversy has been set at rest by a Coordinate 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 also concedes and states that the matter is covered by the aforesaid judgments.

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 Co-ordinate 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 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. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 05.06.2024 AK