WPSS/1080/2024
2025 Latest Caselaw 5607 UK

Uttarakhand High Court

WPSS/1080/2024 on 19 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                            2025:UHC:10277
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                     COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS 528/2023
                               WPSS 1080/2024
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. TPS Takuli, Advocate, for the petitioners.

                                         Mr.   N.K.    Papnai,   Standing
                               Counsel, for the State.
                               (2)       Since common questions of fact

and law are involved in both the writ petitions, these are being heard and decided together by this common judgment.

(3) Petitioners retired in the year 2022 and 2023 respectively. After their retirement, recovery orders were passed against both the petitioners stating that some excess amount was paid to them while they were in service. Pursuant to recovery orders, more than rupees five lakhs was recovered from the amount payable as gratuity and other retiral dues to the petitioners. Thus feeling aggrieved, they have approached this Court challenging the recovery orders. They have also sought direction to the authorities to refund the amount illegally recovered from them.

(4) Learned Counsel for the petitioners placed reliance on the judgment rendered by this Court in Writ Petition (S/S) No. 335 of 2023 and he submits that this writ petition can be decided in terms of the judgment dated 18.9.2025 rendered in the said writ petition.

(5) Learned State Counsel, however, submits that the writ petition can be decided in terms of the subsequent 2025:UHC:10277

judgment dated 9.10.2025, rendered in Writ Petition (S/S) No. 1810 of 2022 and other connected matters, in which reliance has been placed on the judgment rendered in Writ Petition (S/S) No. 335 of 2023. (6) In such view of the matter, both the writ petitions are decided in terms of the judgment rendered in Writ Petition (S/S) No. 1810 of 2022. However, petitioners shall be at liberty to challenge the order of re-fixation, if passed against them.

(Manoj Kumar Tiwari, J.)

19.11.2025 Pr PRABODH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462

KUMAR 503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C 67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.19 17:38:02 +05'30' 2025:UHC:10277