WPSS/356/2025
2025 Latest Caselaw 2774 UK

Uttarakhand High Court

WPSS/356/2025 on 22 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                  Office Notes,
               reports, orders or
SL.             proceedings or
        Date                                       COURT'S OR JUDGES'S ORDERS
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38(1)                               WPSS No.356 of 2025
                                    Hon'ble Ravindra Maithani, J.

Mr. Anil K. Bisht, Advocate for the petitioner.

Mr. Narein Dutt, Standing Counsel for the State.

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

i. Issue a writ, order or direction, in the nature of certiorari calling for the record and quashing the impugned order dated 21.08.2024 (annexure no.5) passed by respondent no.4 i.e. Deputy Education Officer, Garur, District Bageshwar, vide which he very strangely, without going through the true facts of the matter, sent the notice/letter seeking explanation that under which government order the selection grade was sanctioned to her and further challenging the impugned action of the respondents vide which they have illegally and arbitrarily recovered the amount of Rs. 1,37,452/- from the gratuity of the petitioner.

ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to refund the amount of Rs. 1,37,452/- alongwith 6% interest which the respondents have recovered illegally from the gratuity of the petitioner (evident from annexure no.7,i.e. Pension Payment Order forwarding letter dated 30.12.2024). iii. Issue any other appropriate direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. iv. Cost of petition may be awarded in favour of petitioner.

Heard.

Learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 02.01.2024, passed by this Court in WPSS No.1387 of 2017, Vinod Kumar (deceased) Vs. State of Uttarakhand and Others, 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 02.01.2024, passed by this Court in WPSS No.1387 of 2017, Vinod Kumar (deceased) Vs. State of Uttarakhand and Others, and connected matters.

(Ravindra Maithani J.) 22.05.2025 RV