Uttarakhand High Court

WPSS/788/2025 on 20 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

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22                                WPSS No.788 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Rajat Pandey, Advocate for the petitioner.

Mr. N.S. Pundir, Advocate for the respondents.

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

i. A writ, order or direction in the nature of certiorari to call for the record of case and quash impugned pay fixation order dated 10.06.2021, and the recovery letter dated 30.04.2022 contained in Annexure no.2 and 3 to this writ petition.

ii. A writ, order or direction in the nature of mandamus directing the respondents to release the gratuity/leave encashment amount of the petitioner on the basis of last drawn salary of the petitioner. iii. A writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount i.e. Rs. 1,50,276/- deducted/recovered from the amount of gratuity amount of the petitioner. iv. A writ, order or direction in the nature of mandamus, which this Hon'ble Court may deem fit and proper on the basis of the facts and circumstances of the case. v. Award the cost of the petition to the petitioner.

Heard.

There are some defects in the writ petition. The defects are ignored.

Learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 04.04.2024, passed 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, and connected matters.

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 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, and connected matters.

(Ravindra Maithani J.) 20.05.2025 RV