Lakhan Lal vs Managing Director
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Uttarakhand High Court

Lakhan Lal vs Managing Director on 3 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
              Writ Petition No. 252 of 2025 (S/S)
Lakhan Lal                                             ..........Petitioner

                                        Vs.

Managing Director, Uttarakhand Transport Corporation
and others                         ........ Respondents
Present :     Mr. Rohit Kumar Gaur, Advocate for the petitioner.
              Mr. Lalit Samant, Advocate for the respondents.


                                  JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the

petitioners seek the following reliefs:-

"i) Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 12.9.2024 (contained as Annexure No.3 to the writ petition) whereby an order of recovery of Rs.2,13,950/- 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.2,13,950/- (Two Lakh thirteen thousand Nine hundred Fifty Rupees) as same has been effected made from gratuity of the petitioner with statutory interest as per Section 7 (3-A) of Payment of Gratuity Act 1972.

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

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 for the respondents admits

this fact.

5. 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.) 03.03.2025 Sanjay