Uttarakhand High Court

Pushpa Juyal vs Managing Director on 23 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

    HIGH COURT OF UTTARAKHAND AT NAINITAL
                    Writ Petition (S/S) No.841 of 2025

Pushpa Juyal                                                          ...Petitioner

                                      Versus


Managing Director, Uttarakhand
Transport Corporation, Headquarter
At UCF Sadan and others                                             ....Respondents


Present:
             Mr. Rohit Kumar Gaur, Advocate for the petitioner.
             Mr. Lalit Samant, Advocate for the respondents.

Hon'ble Ravindra Maithani, J.(Oral)

By means of instant petition, the petitioner has sought

the following reliefs:-

"(i) Issue a writ, order or direction in the nature of Certiorari to quash the office order dated 09-03-

2022 (contained as Annexure No.1 to the writ petition) whereby an order of recovery of Rs.2,42,326/- from the retiral dues i.e. gratuity, leave encashment and arrear of salary has been made by the respondent authority after superannuation of the late husband of the petitioner.

(ii) Issue a writ, order of direction in the nature of Mandamus commanding and directing the respondent authority to refund/disburse the deducted amount to the tune of Rs.2,42,326/- (Two Lakh Forty Two Thousand Three Hundred Twenty Six Rupees) as same has been made from the retiral dues i.e. gratuity, leave encashment and arrears of salary of the late husband of the petitioner, after superannuation of the late husband of the petitioner from post attached to him with statutory interest as per Section 7 (3-A) of the Payment of Gratuity Act 1972 as well as penal interest on leave encashment amount arrear of salary.

(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 and other connected

matters.

4. This fact is admitted by the learned State counsel.

5. Since the matter is covered, instant petition is decided in

terms of the judgment dated 04.04.2024, passed by the Division