WPSS/1287/2025
2025 Latest Caselaw 1694 UK

Uttarakhand High Court

WPSS/1287/2025 on 4 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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08                                WPSS No.1287 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Rohit Kumar, Advocate holding brief of Mr. I.D. Paliwal, Advocate for the petitioner.

Mr. Ashish Joshi, Advocate for the respondents, through video conferencing.

By means of the instant petition, the petitioner seeks the following reliefs:-

i. Issue a writ of certiorari quashing the impugned order dated 4.1.2022 passed by respondent no.2 to the extent that an amount of Rs. 3,39,626/- has been deducted from the 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 amount of arrears to the petitioner towards 3rd ACP which is recovered/adjusted from the payment of gratuity to the tune of Rs. 3,39,626/- along with 10% interest, which is prescribed in the Payment of Gratuity Act upto the actual payment and also pay the cost of Rs.5000/- which is given in the Writ Petition No.1593 of 2021 (S/S) "Balam Singh Aswal Vs. Managing Director and others" and the same judgment was affirmed by the Hon'ble Division Bench of this Hon'ble Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation and others Vs. Ashok Kumar Saxena.

iii. Issue any other or suitable 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.

Heard.

At the very outset, learned counsel for the petitioner submits that the controversy 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 and others Vs. Ashok Kumar Saxena; and connected cases.

This fact is admitted by learned counsel for the respondents.

Since, the matter is covered, instant petition is decided in terms of the judgment dated 04.04.2025, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation and others Vs. Ashok Kumar Saxena; and connected cases.

(Ravindra Maithani J.) 04.08.2025 RV