Bhuwan Chandra Gahtori vs It'S Managing Director And Another
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Uttarakhand High Court

Bhuwan Chandra Gahtori vs It'S Managing Director And Another on 19 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 1777 of 2024 (S/S)
Bhuwan Chandra Gahtori                                   ..........Petitioner

                                        Vs.

Uttarakhand State Road

Transport Corporation Through

It's Managing Director and another                     ..... Respondents

Present :   Mr. M.S. Bhandari, 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 Mandamus directing the respondents to pay/refund the amount of Gratuity to the petitioner i.e. Rs.

1,01,764/- (Rs. One Lac, One Thousand, Seven Hundred and Sixty Four only) alongwith interest @12% per annum from the date of entitlement i.e. 31.01.2023 till the date of actual payment is made.

ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to consider and decide the Application/Representation dated 31.08.2024 submitted by the petitioner

before the Respondents/Corporation, in the light of judgment and order dated 14.06.2022 in Writ Petition No. (S/S) 1593/2021 (Balam Singh Aswal Vs Managing Director Uttarakhand Transport Corporation and others) and judgment and order dated 04.04.2024 in bunch of Special Appeals leading SPA No. 245/2022 (Managing Director Vs Ashok Kumar Saxena). (Annexure No.06 to the writ petition)

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

iv) Award the cost of writ 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.) 19.09.2024 Jitendra