WPSS/139/2025
2025 Latest Caselaw 2056 UK

Uttarakhand High Court

WPSS/139/2025 on 13 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                  2025:UHC:914
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       Date     or dir e ct ions                    COURT'S OR JUD GE'S ORD ERS
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                  Signa t ur e s
                                       WPSS No.139 of 2025
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Rohit Kumar, learned counsel for the petitioner.

2. Mr. Manish Kumar, holding brief of Mr. Ashish Joshi, learned counsel for the respondents.

3. The petitioner is praying for the following relief(s):

"i) Issue a writ of certiorari quashing the impugned office order dated 28.10.2024 passed by respondent no.3 to the extent recovery has been made from the payment of gratuity to the tune of Rs.1,08,0059/- (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 salary which is deducted from the payment of gratuity to the tune of Rs.1,08,0059/- along with 10% interest which is prescribed in the Payment of Gratuity Act and also pay the cost of Rs.5000/- which is given to all the petitioners in the earlier writ petition.

iii). Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in circumstances of the case."

4. Learned counsel for the petitioner submits that the issue, as raised in the present petition, is squarely covered by the judgment rendered by the Division Bench passed in bunch of Special Appeal leading one Special Appeal No. 245 of 2025:UHC:914 2022, "Managing Director Uttarakhand Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on 04.04.2024.

5. Mr. Manish Kumar, learned counsel for the respondents, fairly submits that the issue as raised in this petition is squarely covered by the said judgment.

6. In view of the statement as given above, the present writ petition is disposed of in terms of the judgment rendered by the Division Bench passed in bunch of Special Appeal leading one Special Appeal No. 245 of 2022, "Managing Director Uttarakhand Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on 04.04.2024.

(Rakesh Thapliyal, J.) 13.02.2025 R.Bisht 2025:UHC:914