WPSS/405/2023
2025 Latest Caselaw 2611 UK

Uttarakhand High Court

WPSS/405/2023 on 20 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                          2025:UHC:7339
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      Date    or directions                 COURT'S OR JUDGE'S ORDERS
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                               WPSS/405/2023
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Mahesh Bhatt, Advocate holding brief of Mr. K.K. Joshi, Advocate for the petitioner.

Mr. Shobhit Joshi, Advocate holding brief of Mr. Ashish Joshi, Advocate for the respondents.

2. Petitioner served in Uttarakhand Transport Corporation and retired from the post of Office Assistant on 31.08.2019. Since he has not been paid retiral dues after his retirement and a certain amount was deducted from his retiral dues on the ground that excess payment was made to him, thus feeling aggrieved, he has approached this Court seeking the following reliefs:

"(a). Issue a Direction or Writ in the nature of Mandamus thereby directing the respondent to pay already sanctioned remaining Gratuity amount of Rs.76,815/- (Seventy-Six Thousand, Eight Hundred and Fifteen Rupees) and Leave Encashment amount of Rs.3,82,723/- (Three Lakh, Eighty-Two Thousand, Seven Hundred and Twenty Three Rupees) total amounting to Rs.4,59,538/- (Four Lakh, Fifty Nine Thousand, Five Hundred and Thirty Eight Rupees).

(b) Pass an order for payment of prevailing bank interest on the amount of gratuity and leave encashment as has been order by this Hon'ble Court in WP (S/B) No.413/2021.

(c) Pass an order for providing cost of litigation to the petitioner"

3. Learned counsel for the petitioner relies upon the judgment dated 04.04.2024, rendered 2025:UHC:7339 by Division Bench of this Court in Special Appeal No. 245 of 2022. He submits that the controversy is covered by the said judgment.

4. Mr. Shobhit Joshi, Advocate holding brief of Mr. Ashish Joshi, learned counsel appearing for Uttarakhand Transport Corporation fairly concedes that the dispute has now been settled finally by Division Bench of this Court in the said judgment.

5. Having regard to the submission made by learned counsel for the parties, the writ petition is decided in terms of the judgment 04.04.2024, rendered by Division Bench of this Court in Special Appeal No. 245 of 2022.

6. Pending application(s), if any, stand disposed of.

(Manoj Kumar Tiwari, J.) 20.08.2025 Mahinder/

MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.08.20 18:47:03 +05'30'