Sri Mahaveer Prasad vs Managing Director
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Uttarakhand High Court

Sri Mahaveer Prasad vs Managing Director on 12 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

              Writ Petition No. 1729 of 2024 (S/S)
Sri Mahaveer Prasad                                        ..........Petitioner

                                       Vs.

Managing Director, Uttarakhand Transport Corporation

at Dehradun and others                                ........ Respondents

Present :     Mr. Ganesh Kandpal, Advocate for the petitioner.
              Mr. N.S. Pundir, Advocate for the respondents.


                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

i) A writ, order or direction in the nature of certiorari to call for the record of case and quash impugned order dated 30-7-2024 contained in Annexure no.3 to this writ petition.

ii) a writ, order or direction in the nature of mandamus directing the respondents to release the Gratuity & leave encashment amount of the petitioner on the basis of last drawn salary of the petitioner.

iii) A writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount i.e. Rs.262370/-

deducted/recovered from the Retiral dues / Gratuity of the petitioner.

iv) A writ, order or direction in the nature of mandamus, which this Hon'ble court may deem fit and proper on the basis of the the facts and circumstances of the case.

v) Award the cost of the petition to the petitioner.

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