WPSS/171/2025
2025 Latest Caselaw 2115 UK

Uttarakhand High Court

WPSS/171/2025 on 18 February, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                              2025:UHC:1137
                Office N ot e s,
              r e por t s, or de r s
              or pr oce e dings
SL.
       Date     or dir e ct ions                    COURT'S OR JUD GE'S ORD ERS
N o.
              a nd Re gist r a r 's
                  or de r w it h
                  Signa t ur e s
                                       W PSS N o.1 7 1 of 2 0 2 5
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. Sachin Kumar Sharma, learned counsel for the petitioner.

2. Mr. N.S. Pundir, learned counsel for the respondent.

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

"i) Issue a writ, order in the nature of certiorari for quashing the impugned Order dated 11.02.2022 passed by the respondent no.4 to that extent the recovery has directed (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 pay the arrear of amount i.e. Rs.

3,71,679/- along with interest @ 18% per annum from the dated of retirement till date of actual payment. c. Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to re-fix the pay scale of the petitioner as per 2nd and 3rd ACP and to pay the difference of the payment towards the arrear of payment of petitioner."

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 2025:UHC:1137 Transport Corporation at Dehradun versus Ashok Kumar Saxena, decided on 04.04.2024.

5. Copy of this judgement is also enclosed as Annexure No.3 to this writ petition.

6. Mr. N.S. Pundir, learned counsel for the respondent Nos.1 to 4, fairly submits that the issue as raised in this petition is squarely covered by the said judgment.

7. 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.) 18.02.2025 R.Bisht 2025:UHC:1137