Uttarakhand High Court
Nandi Devi vs Uttarakhand Transport Corporation And ... on 4 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6363
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1655 of 2024
Nandi Devi --Petitioner
Versus
Uttarakhand Transport Corporation and Anr.
--Respondents
Presence:-
Mr. Kishore Kumar, learned counsel for petitioner.
Mr. Shobhit Joshi, learned counsel holding brief of
Mr. Ashish Joshi, 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 relief:
"i). Issue a writ order or direction in the nature of
mandamus by calling the records and direct the
respondents to forthwith release the withheld/recovered
amount of leave encashment along with 18% interest
which was recovered from the retiral dues of her husband
and further to pay the interest for delayed payment of
Gratuity as per the Section 7(3)(3A) of the Payment
of Gratuity Act, 1972 which provides interest for
delayed payment of gratuity in view of the judgment
18-12-2023 passed in writ petition no.966 of 2022 S/S
"Prabha Devi Vs. State of Uttarakhand and Ors" and in
view of Hon'ble Apex Court in the case of State of Punjab
vs. Rafiq Masih & other (2015) 4 SCC 334 and
Judgment dated 14-06-2022 of this Hon'ble Court in the
case of "Balam Singh Aswal Vs. Managing Director and
others" in Writ Petition No.1593 of 2021 S/S and
judgment and order dated 04-04-2024 passed in Special
Appeal No.245 of 2022 "Managing Director Uttarakhand
Transport Corporation Vs. Ashok Kumar Saxena" and
judgment dated 03-05-2024 in writ petition no.2276
of 2022 "Jasbir Singh Vs. Uttarakhand Transport
Corporation and Ors" or in alternate pass any
appropriate orders keeping in view of the facts highlighted
in the body of the petition or mould the relief
appropriately."
3. Learned counsel for the petitioner submits that
the controversy has been set at rest by a Coordinate
2024:UHC:6363
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. Learned counsel for the petitioner also
relied upon the judgment and order dated 03.05.2024
passed by this Court in WPSS No.2276 of 2022.
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 Digitally signed by PREETI NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH
PREETI NEGI
COURT OF UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55
c78b5f9f0276c16432f6aab, postalCode=263001,
st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498
483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.09.04 16:16:52 +05'30'
