WPSS/2115/2025
2025 Latest Caselaw 5929 UK

Uttarakhand High Court

WPSS/2115/2025 on 8 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                            2025:UHC:10857
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      Date    or directions                     COURT'S OR JUDGE'S ORDERS
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                               WPSS 2115/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Kishore Kumar, Advocate, for the petitioner.

Mr. Lalit Samant, Advocate, for the respondents.

(2) Petitioner retired from the post of Station Incharge from Uttarakhand Transport Corporation on 30.4.2025. On 29.4.2025, an order was passed against him providing for recovery of ₹8,00,379/-. Thus feeling aggrieved, petitioner has approached this Court challenging the recovery order.

(3) Mr. Lalit Samant, learned Counsel appearing for the Corporation, submits that due to wrong fixation of pay of the petitioner, excess amount was released to him, which has been adjusted against the amount payable as gratuity. Thus he supports the recovery made from the dues payable to the petitioner.

(4) Learned Counsel for the petitioner, however, submits that in view of the law laid down by Hon'ble Supreme Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, excess amount paid to an employee cannot be recovered, if the concerned employee is not in any manner responsible for such excess payment. He relies upon a judgment rendered by Division Bench of this Court in Special Appeal No. 245 of 2022 and other connected special appeals, and submits that this writ petition also deserves to be decided in terms of the judgment dated 4.4.2024, rendered in Special Appeal No. 2025:UHC:10857

245 of 2022.

(5) Mr. Lalit Samant, learned Counsel for the respondents, concedes that the issue involved in the present case is identical to the one decided in Special Appeal No. 245 of 2011.

(6) In view of consensus between the parties, this writ petition is decided in terms of the judgment dated 4.4.2024, rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.)

8.12.2025 Pr PRABODH KUMAR

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.12.08 17:01:49 +05'30' 2025:UHC:10857