Prem Prakash vs Managing Director
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Uttarakhand High Court

Prem Prakash vs Managing Director on 5 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
             Writ Petition No. 278 of 2025 (S/S)
Prem Prakash                                            ..........Petitioner

                                       Vs.

Managing Director, Uttarakhand Transport Corporation
and others                        ........ Respondents
Present :    Mr. Tarun Prakash Singh Takuli, Advocate for the petitioner.
             Mr. Ashish Joshi, 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 quashing the impugned order no.

246/KR/Aath/Gratuity/Sri Prem Prakash/2020 dated 27-01-2022 passed by the respondent n.2, by which the gratuity of Rs.6,13,498/- (Rupee Six Lakhs, Thirteen Thousand, Four Hundred Ninety Eight only) has been deducted from the total gratuity of the petitioner stating therein that the wrong pay fixation has been fixed by the department during the service tenure of the petitioner. (annexure no. 1 to the writ petition).

ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to release the deducted amount i.e. Rs.6,13,498/- (Rupee Six Lakhs, Thirteen Thousand, Four Hundred Ninety Eight only) in favour of the petitioner as early as possible preferably within a period of three months, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.

iii) Pass such further orders or directions which are just and proper in the facts of the case."

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.) 05.03.2025 Sanjay