Devendra Singh Pal vs Uttarakhand Transport Corporation
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Uttarakhand High Court

Devendra Singh Pal vs Uttarakhand Transport Corporation on 27 June, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No.1074 of 2025 (S/S)
Devendra Singh Pal                                     ..........Petitioner
                                     Vs.
Uttarakhand         Transport        Corporation,        Dehradun         and
others                                           ............. Respondents
Present :   Mr. Anil Kumar, Advocate holding brief of Mr. I.D. Paliwal, Advocate
            for the petitioner.
            Mr. Ashish Joshi, Advocate for the respondent nos.1 to 3 appeared
            through video conferencing.


                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

"i) Issue a writ of certiorari quashing the impugned office order No.865 dated 24.2.2023 issued by respondent no.3 to the extent the recovery of Rs.2,95,558/- has been made from the payment of gratuity of the petitioner. (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 arrears to the petitioner towards 3rd ACP which is recovered from the payment of gratuity to the tune of Rs.2,95,558/- along with 10% interest which is actual payment and also pay the cost of Rs.5000/- which is given in the Writ Petition No.1593 of 2021 (S/S) "Balam Singh Aswal Vs Managing

Director and others" and the same judgment was affirmed by the Hon'ble Division Bench of this Court in Special Appeal No.245 of 2022 "Managing Director, Uttarakhand Transport Corporation and others Vs Ashok Kumar Saxena".

iii) 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.

iv) To award the cost of the petition in favour of the petitioner."

2. Heard learned counsel for the parties and

perused the record.

3. At the very outset, learned counsel for the

petitioner would submit 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.

4. Learned counsel appearing for the respondents

admit this fact.

5. The matter is covered, therefore, 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.) 27.06.2025 Sanjay

SANJAY

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d 1afc60f54a287831dec46fe, postalCode=263001,

KANOJIA st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84 B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.06.27 18:22:20 +05'30'