WPSS/2095/2025
2025 Latest Caselaw 6183 UK

Uttarakhand High Court

WPSS/2095/2025 on 12 December, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2025:UHC:11092
              Office Notes,
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                               WPSS/2095/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Ishwari Dutt Paliwal, Advocate for the petitioner.

2. Mr. Ashish Joshi, Advocate for the respondents.

3. Petitioner served as Group-D employee in Uttarakhand Transport Corporation and retired on 30.11.2020. After her retirement, an order was passed against her on 14.12.2021, whereby a sum of Rs. 1,86,336/- was ordered to be recovered from the amount as gratuity to her. Thus, feeling aggrieved, petitioner has approached this Court.

4. It is contended that after retirement, no recovery can be made from a Government servant, especially when that employee is served as Group- D employee. Reliance is placed upon a judgment rendered by Apex Court in the case of State of Punjab and others v. Rafiq Masih (White Washer) and others, reported as (2015) 4 SCC 334.

5. Learned counsel for the petitioner also relies upon a judgment rendered by Division Bench of this Court in Special Appeal No. 245 of 2022 and submits that the writ petition deserves to be decided in terms of the said judgment.

6. Mr. Ashish Joshi, learned counsel appearing for the respondents concedes that question involved here is identical to 2025:UHC:11092

the one decided by Division Bench in Special Appeal No. 245 of 2022, therefore, the writ petition can be decided in terms of the judgment rendered in Special Appeal No. 245 of 2022.

7. In view of the unanimity between the counsel for the parties, this writ petition is decided in terms of the judgment rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.) 12.12.2025 Navin NAVEEN

DN: c=IN, o=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3c0a15,

CHANDRA postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA 875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.12 17:28:23 +05'30'