20Th November vs Managing Director & Others
2024 Latest Caselaw 2680 UK

Uttarakhand High Court

20Th November vs Managing Director & Others on 20 November, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                2024:UHC:8639

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

             WRIT PETITION (S/S) NO. 2189 OF 2024
                     20TH NOVEMBER, 2024
Mukesh Jang Rana                                           .....Petitioner.
                                   Versus

Managing Director & others                              ....Respondents.

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

Counsel for the Respondents                :     Mr. Shobhit Joshi, proxy
                                                 counsel      for   Mr.   Ashish
                                                 Joshi, 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 the recovery order dated 19.2.2022 contained as Annexure no.3 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. Rs.3,02,883/- deducted/ recovered from the Retiral dues/ Gratuity of the petitioner.

iii- a writ, order or direction in the nature of mandamus directing the respondents to release the leave encashment of the petitioner on the basis of last drawn salary 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:8639 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: 20th November, 2024 NISHANT

NISHANT Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec

KUMAR 2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A05 5CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.11.22 11:58:13 +05'30'