Pawan Kumar Saxena vs Director And Others
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Uttarakhand High Court

Pawan Kumar Saxena vs Director And Others on 19 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 1770 of 2024 (S/S)

Pawan Kumar Saxena                                       ..........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 dated 26.04.2023, passed by respondent no.2 to the extent the recovery of Rs.1,65,438/- 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. 1,65,438/- which is being 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.) 19.09.2024 Jitendra