WPSS/2518/2024
2025 Latest Caselaw 1552 UK

Uttarakhand High Court

WPSS/2518/2024 on 7 January, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                                                         2025:UHC:203
                Office N ot e s,
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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. 2518 of 2024
                                       Hon'ble Rakesh Thapliyal, J.

1. Mr. B. M. Pingal, learned counsel for the petitioner.

2. Mr. Lalit Samant, learned counsel for the respondents.

3. By the instant writ petition, petitioner is praying for the following relief:

"i. Issue a writ, order or direction in the nature of Certiorari to quash the order dated 24.12.2021 whereby an order of recovery of Rs. 2,49,444/- from the leave encashment has been made after superannuation of the petitioner from post attached to him.

ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authority refund the remaining deducted amount of Rs. 2,49,444/- as the same been effected made from the leave encashment of the petitioner with statutory interest and penal interest in leave encashment."

4. Learned counsel for the petitioner submits that the issue as raised in the present writ petition is squarely covered by the judgment rendered by the Division Bench of this Court dated 04.04.2024 passed in bunch of Special Appeals leading one being Special Appeal No. 245 of 2022 (Managing Director, Uttarakhand Transport Corporation, Dehradun Vs. Ashok Kumar Saxena and others).

5. Mr. Lalit Samant, learned counsel for the respondent Corporation, have not disputed this fact.

6. In view of the statement given by learned counsel for the parties, present writ petition is disposed of in terms of judgment rendered by the Division Bench of this Court dated 04.04.2024 passed in bunch of Special Appeals leading one being Special Appeal No. 245 of 2022 (Managing Director, Uttarakhand Transport Corporation, Dehradun Vs. Ashok Kumar Saxena and others). SATYENDR Digitally signed by SATYENDRA K SHARMA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

AK 2.5.4.20=0ae29206736743e1dbac130112ec 0ecf08e05510bf453a3831b775c37aaef013, postalCode=263001, st=UTTARAKHAND, serialNumber=D399BE9D4085860FEA4EC7 0D33810048385B41426ED344626DCE3F13

SHARMA 245AD17E, cn=SATYENDRA K SHARMA Date: 2025.01.09 10:28:29 +05'30' (Rakesh Thapliyal, J.) 07.01.2025 SKS 2025:UHC:203