Rewadhar Chaurakoti vs Director And Others
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Uttarakhand High Court

Rewadhar Chaurakoti vs Director And Others on 19 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 1776 of 2024 (S/S)
Rewadhar Chaurakoti                                       ..........Petitioner

                                     Vs.

Uttarakhand Transport Corporation,

Dehradun through its Managing

Director and others                                    ..... Respondents

Present :   Mr. I.D. Paliwal, 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 of certiorari quashing the impugned office order No. 160 dated 20.04.2023, Letter No. 41 dated 2.4.2024 and Letter No. 42 dated 2.4.2024 issued by respondent no.2 to the extent the recovery has been made from the payment of gratuity as well as towards the arrear of 3rd ACP and also towards payment of leave encashment in pursuance of office order no. 164 dated 11.11.2020, the total amount was recovery a sum of Rs.1,46,269/-

(contained as Annexure No. 1, 2 and 3 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to pay the payment of gratuity Rs. 55,444/-, arrear of ACP Rs.67,385/- and arrear of leave encashment Rs.23,440/-, a total sum of Rs.1,46,269/- to the petitioner, which was deducted by the respondents pursuant to the office order no.164 dated 11.11.2020 along with interest @ 10% per annum as per Payment of Gratuity Act.

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.) 19.09.2024 Jitendra