WPSS/1901/2025
2025 Latest Caselaw 5482 UK

Uttarakhand High Court

WPSS/1901/2025 on 13 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                2025:UHC:10028
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/1901/2025
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. Rajat Pande, learned counsel for
                               the petitioner.

                               2.  Mr. N.S. Pundir, learned counsel for
                               the respondents-Uttarakhand Transport

Corporation.

3. Petitioner retired from the post of Mechanic Body from Uttarakhand Transport Corporation on 31.10.2025. A day before his retirement, an order was passed by Regional Manager (Technical), Uttarakhand Transport Corporation, providing for recovery of ₹3,01,784/- from the Gratuity payable to petitioner. The reasons for such recovery mentioned is that some excess amount was paid to petitioner at the time when his pay was being re-fixed, after pay revision. Thus, feeling aggrieved by order dated 30.10.2025, petitioner has approached this Court.

4. Learned counsel for the petitioner submits that petitioner is in no manner responsible for the excess payment, if any; he did not play any fraud or misrepresentation, therefore, the amount already paid to petitioner by the Corporation cannot be recovered at the time of his retirement. He relies upon a judgment dated 04.04.2024 rendered in SPA No. 245 of 2022 & other connected matters and submits that present writ petition deserves to be decided in terms of the said special appeal.

5. Learned counsel appearing for 2025:UHC:10028 Uttarakhand Transport Corporation do not dispute the submission made on behalf of petitioner and submits that writ petition can be decided in terms of judgment rendered in SPA No. 245 of 2022 & other connected matters.

6. Accordingly, the writ petition is decided in terms of judgment dated 04.04.2024 rendered in SPA No. 245 of 2022 & connected matters.

(Manoj Kumar Tiwari, J) 13.11.2025 Aswal NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

SINGH 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a 3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22 DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH

ASWAL ASWAL Date: 2025.11.13 04:59:36 -08'00'