Rakesh Kumar vs Managing Director
2025 Latest Caselaw 2486 UK

Uttarakhand High Court

Rakesh Kumar vs Managing Director on 25 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL

            Writ Petition No. 393 of 2025 (S/S)
Rakesh Kumar                                             ..........Petitioner

                                     Vs.

Managing Director, Uttarakhand
Transport Corporation and Others                        ..... Respondents
Present :   Mr. K.K. Joshi, 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 petitioner

seeks the following reliefs:-

(i) Issue a writ or order in the nature of Certiorari and thereby quash/set aside the part of the office order dated 26.06.2024 (Annexure No.8) whereby an amount of Rs.4,71,532/- has been recovered after retirement of petitioner from the total admitted gratuity amount.

(ii) Issue a Direction or Writ in the nature of Mandamus thereby direct the respondent to pay the entire recovered amount of Rs.4,71,532/- (Four Lakh, Seventy-One Thousand, Five Hundred and Thirty-Two Rupees) and from total gratuity amount and further the difference of amount which comes based on the calculation of last grade pay of Rs.4200/-PM instead of 2800/- PM with statutory bank interest.

(iii) Pass any other order or orders as this Hon'ble Court may deem fit and 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. 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.) 25.03.2025 Ravi Bisht