Netra Ballabh Pandey vs Uttarakhand Transport Corporation
2024 Latest Caselaw 2119 UK

Uttarakhand High Court

Netra Ballabh Pandey vs Uttarakhand Transport Corporation on 13 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

              Writ Petition No. 1753 of 2024 (S/S)
Netra Ballabh Pandey                                   ..........Petitioner

                                      Vs.

Uttarakhand           Transport      Corporation,      Dehradun        and

others                                             ........ Respondents

Present :     Mr. I.D. Paliwal, Advocate for the petitioner.
              Mr. Manish Lohani, Advocate holding brief of 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 of certiorari quashing the impugned office order dated 4.1.2022 passed by respondent no.2 to the extent the recovery of Rs.2,68,996/- toward payment of gratuity has been adjusted pursuant to the office order no.164 dated 11.11.2020 (contained as Annexure No.1 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 arrear of salary Rs.2,68,996/- which is being paid to the petitioner after granting 3rd ACP and now adjusted towards payment of gratuity to the petitioner along with interest @ 10% applicable as per payment of Gratuity Act till the actual payment.

iii) Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iv) To award the cost of the petition in favour of 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.) 13.09.2024 Sanjay