Girdhar Singh Rawat vs Managing Director
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Uttarakhand High Court

Girdhar Singh Rawat vs Managing Director on 12 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

             Writ Petition No. 1736 of 2024 (S/S)
Girdhar Singh Rawat                                        ..........Petitioner

                                      Vs.

Managing Director, Uttarakhand Transport Corporation

and others                                           ........ Respondents

Present :    Mr. B.M. Pingal, Advocate for the petitioner.
             Mr. Ashish Joshi, Advocate for the respondents.




                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

i) Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 17.05.2022 (contained as Annexure No.3 to this writ petition) whereby an order of recovery of Rs.3,38,041/- 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 refund/disburse the remaining deducted amount of gratuity of Rs.3,38,041/- (Three Lakh Thirty Eight Thousand Fourty-One Rupees) which were deducted after retirement of petitioner with statutory interest as per Section 7 (3-A) of Payment of Gratuity Act 1972.

iii) Pass any other order or orders as this Hon'ble Court may deem fit and necessary in the interest of justice.

2. Heard learned counsel for the parties and

perused the record.

3. At the very outset, learned counsel for the

petitioner would submit 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 and others vs. Ashok Kumar

Saxena; and connected cases.

4. Learned counsel for the respondents admits

this fact.

5. Since the matter is covered, therefore, instant

petition is 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 and

others vs. Ashok Kumar Saxena; and connected cases.

(Ravindra Maithani, J.) 12.09.2024 Sanjay