Ishwari Datt Tripathi vs Uttarakhand Transport Corporation
2024 Latest Caselaw 2185 UK

Uttarakhand High Court

Ishwari Datt Tripathi vs Uttarakhand Transport Corporation on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

    HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 1806 of 2024 (S/S)
Ishwari Datt Tripathi                              ..........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 through video
            conferencing.

                              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 30.3.2024 passed by respondent no.2 to the extent of recovery of Rs.1,08,731/- toward gratuity pursuant has been adjusted (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 the pay the 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. 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.) 21.09.2024 Jitendra