WPSS/1138/2025
2025 Latest Caselaw 762 UK

Uttarakhand High Court

WPSS/1138/2025 on 7 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
D1-
12                                WPSS No.1138 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Rohit Kumar Gaur, Advocate for the petitioner.

Mr. Lalit Samant, Advocate for the respondents.

By means of the instant petition, the petitioner seeks the following reliefs:-

i. Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 07.04.2022 (contained as Annexure No.3 to the writ petition) whereby an order of recovery of Rs. 63,985/- from gratuity amount 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 and directing the respondent authority to refund/disburse the remaining deducted amount of Rs. 63,985/- (Sixty Three Thousand Nice Hundred Eighty Five only) as same has been effected made from gratuity as well as leave encashment of the petitioner with statutory interest as per Section 7(3-A) of Payment of Gratuity Act, 1972 as well as penal interest in unpaid leave encashment amount.

iii. Pass any other order or orders as this Hon'ble Court may deem fit and necessary in the interest of justice.

Heard.

Learned counsel for the petitioner submits that the matter is squarely covered by the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others Vs. Ashok Kumar Saxena; and connected cases.

Learned counsel for the respondents admits this fact.

Since the matter is covered, instant petition is decided in terms of the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others Vs. Ashok Kumar Saxena; and connected cases.

(Ravindra Maithani J.) 07.07.2025 RV