Bhupal Singh Rautela vs Uttarakhand Transport Corporation
2024 Latest Caselaw 2186 UK

Uttarakhand High Court

Bhupal Singh Rautela vs Uttarakhand Transport Corporation on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

    HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 1805 of 2024 (S/S)
Bhupal Singh Rautela                               ..........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 9.12.2021 passed by respondent no.2 to the extent of recovery of Rs.6,36,887/- toward payment of gratuity (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.6,36,887/- 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. 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