WPSS/1621/2021
2025 Latest Caselaw 5608 UK

Uttarakhand High Court

WPSS/1621/2021 on 19 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                2025:UHC:10288
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions              COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/88/2022
                               With
                               WPSS/1612/2021
                               WPSS/1621/2021
                               Hon'ble Manoj Kumar Tiwari, J
                               1.  Mr. Shubhang Dobhal,              learned
                               counsel for the petitioners.

                               2.  Mr. N.K. Papnoi, learned Standing
                               Counsel for the State of Uttarakhand.

                               3.  Mr. Lalit Samant, learned counsel
                               for respondent - Uttarakhand Peyjal

Nigam.

4. Petitioners served on Group 'D' post of Pump Operator in Uttarakhand Peyjal Nigam and they retired from service in different years. After their retirement, orders were passed against them providing for recovery of certain amount, from the amount payable to them as Leave Encashment. Thus, feeling aggrieved by the recovery orders, petitioners have approached this Court challenging the recovery.

5. It is contended by learned counsel for the petitioners that in view of law declared by Hon'ble Apex Court in the case of State of Punjab & others vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334, post retirement recovery cannot be made from Group 'D' employees.

6. Learned counsel for the petitioners relied upon judgment dated 18.02.2025 rendered by coordinate Bench in WPSS No. 898 of 2024.

2025:UHC:10288

7. Learned counsel for Uttarakhand Peyjal Nigam, however, submits that he has no objection if the writ petitions are decided in terms of judgment dated 09.10.2025 rendered in WPSS No. 1810 of 2022.

8. Having regard to the facts and circumstances of the case, the writ petitions are decided in terms of judgment dated 09.10.2025 rendered in WPSS No. 1810 of 2022 and other connected matters.

(Manoj Kumar Tiwari, J) 19.11.2025 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: 2025.11.19 04:15:21 -08'00'