WPSS/136/2025
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Uttarakhand High Court

WPSS/136/2025 on 17 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                              2025:UHC:1081
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                                       W PSS N o. 1 3 6 of 2 0 2 5
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. I.D. Paliwal, learned counsel for the petitioner.

2. Mr. Shobhit Joshi, learned counsel, holding brief of Mr. Ashish Joshi, learned counsel for respondent Nos.1 to 3.

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

"i) Issue a writ of certiorari quashing the impugned Officer Order vide Letter No.27 dated 08.04.2022 and Officer Order vide Letter No.28 dated 08.04.2022 passed by respondent no.3 to the extent recovery has been made from the payment of gratuity as well as payment of leave encashment the total amount is to the tune of Rs.1,88,318/- (contained as Annexure No.1 and 2 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 arrear of salary which is deducted from the payment of gratuity as well as payment of leave encashment i.e. a sum of Rs. 1,88,318/- along with interest @ 10% as per Payment of Gratuity Act till the actual payment and to pay the cost of the writ petition which is awarded by the Hon'ble Court in Writ Petition No.1593 of 2021 (S/S) "Balam Singh Aswal versus Managing Director and others" to the 2025:UHC:1081 petitioner."

ii) Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the 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 2022, "Managing Director Uttarakhand Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on 04.04.2024.

5. Mr. Shobhit Joshi, learned counsel for the respondent Nos.1 to 3, 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.) 17.02.2025 R.Bisht 2025:UHC:1081