20Th November vs Uttarakhand Transport Corporation & ...
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Uttarakhand High Court

20Th November vs Uttarakhand Transport Corporation & ... on 20 November, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                               2024:UHC:8633

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

             WRIT PETITION (S/S) NO. 2188 OF 2024
                     20TH NOVEMBER, 2024
Rahimun Nisha                                              .....Petitioner.
                                   Versus

Uttarakhand Transport Corporation & others

                                                        ....Respondents.

Counsel for the Petitioner                 :     Mr. Anil Kumar, 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 of certiorari quashing the impugned Office order dated 16.12.2021, Letter No.2355 and Office order dated 16.12.2021, Letter No.354 issued by respondent no.2 to the extent the deduction has been made from the payment of gratuity and also from the payment of leave encashment of late husband of the petitioner (contained as Annexure No.1 and 2 to this writ petition).

ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to return back the deducted amount pursuant to the impugned Office order dated 16.12.2021, Letter No.2355 and Office order dated 16.12.2021, Letter No.354 issued by respondent no.2 of about Rs.1,80,000/- along with penal interest upto the actual payment to the petitioner."

2024:UHC:8633

2. Heard learned counsel for the parties and

perused the record.

3. At the very outset, learned counsel for the

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

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

2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec

KUMAR 2b7462b452b326, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A05 5CFD1961690560487E670C, cn=NISHANT KUMAR Date: 2024.11.22 11:57:45 +05'30'