Uttarakhand High Court
Dhaneshwar Prashad Ghildiyal vs Managing Director Uttarakhand ... on 4 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6366
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1676 of 2024
Dhaneshwar Prashad Ghildiyal --Petitioner
Versus
Managing Director Uttarakhand Transport Corporation
and Others --Respondents
Presence:-
Mr. Vinod Chandra, learned counsel for petitioner.
Mr. N.S. Pundir, learned counsel for respondents.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of this writ petition, petitioner
has prayed for following reliefs:
"i). Issue a writ order or direction in the nature of
Certiorari to quash the office order dated
20.01.2022/21.01.2022 (contained as Annexure
No.3 to the writ petition) whereby an order of
recovery of Rs.4,50,876/- from gratuity amount
has been made.
ii). Issue a writ, order or direction in the nature of
Mandamus commanding and directing the
respondent authority to pay the remaining
deducted amount of gratuity of Rs.4,50,876/-
which were deducted after retirement of petitioner
with statutory bank interest. "
3. Learned counsel for the petitioner 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
2024:UHC:6366
Special Appeal No.245 of 2022, Managing Director,
Uttarakhand Transport Corporation, Dehradun &
Others Vs. Ashok Kumar Saxena, and Batch of Special
Appeals. Learned counsel for the petitioner also relied
upon the judgment and order dated 03.05.2024
passed by this Court in Writ Petition No.2276 of 2022
(S/S).
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.)
04.09.2024
PN
PREETI NEGI Digitally signed by PREETI NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.09.04 16:21:25 +05'30'
