8Th November vs Uttarakhand Transport Corporation & ...
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Uttarakhand High Court

8Th November vs Uttarakhand Transport Corporation & ... on 18 November, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                              2024:UHC:8535

       HIGH COURT OF UTTARAKHAND AT
                              NAINITAL
                  HON'BLE SRI JUSTICE RAKESH THAPLIYAL

             WRIT PETITION (S/S) NO. 2161 OF 2024
                     18TH NOVEMBER, 2024
Ashok Kumar Rathi                                          .....Petitioner.
                                   Versus

Uttarakhand Transport Corporation & another

                                                       ....Respondents.

Counsel for the Petitioner                 :     Mr. Gulshan Pandey, proxy
                                                 counsel for Mr. Ganesh
                                                 Kandpal, learned counsel.

Counsel for the Respondents                :     Mr. Rajendra Arya, proxy
                                                 counsel     for   Mr.   N.S.
                                                 Pundir, learned counsel.

The Court made the following:
JUDGMENT:

(per Hon'ble Justice Sri Rakesh Thapliyal)

By the instant writ petition, the petitioner is

praying for the following reliefs:-

"i- Issue a writ, order or direction in the nature of certiorari to call for the record of case and quash impugned pay fixation order dated 28-8-2021, and the recovery order dated 31-8-2024 contained in Annexure no.3 & 7 to this writ petition.

ii- a writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount, i.e. 200673/- deducted/ recovered from the Retiral dues/ Gratuity of the petitioner."

2. Heard learned counsel for the parties and

perused the record.

3. At the very outset, learned counsel for the 2024:UHC:8535 petitioner would submit that that the matter is squarely

covered by the judgment dated 04.04.2024 passed by

the Division Bench of this Court in Special Appeal

No.245 of 2022, "Managing Director, Uttarakhand

Transport Corporation, Dehradun, vs. Ashok Kumar

Saxena & connected cases".

4. Learned counsel for the respondent-

Corporation has not disputed this fact.

5. Since, the matter is covered, therefore, the

instant writ petition is also decided in terms of the

judgment dated 04.04.2024, passed by the Division

Bench of this Court in Special Appeal No.245 of 2022,

"Managing Director, Uttarakhand Transport

Corporation, Dehradun, vs. Ashok Kumar Saxena &

connected cases".

6. Pending application, if any, also stands

disposed of.

''

(RAKESH THAPLIYAL, J.)

Dated: 18th November, 2024 NISHANT

NISHANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cd c00ec2b7462b452b326, postalCode=263001,

KUMAR st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC 63A055CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.11.20 11:02:31 +05'30'