WPSS/2307/2022
2025 Latest Caselaw 5658 UK

Uttarakhand High Court

WPSS/2307/2022 on 20 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                       2025:UHC:10352
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                  COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/2307/2022
                               Hon'ble Manoj Kumar Tiwari, J
                               1.   Mr. K.K. Joshi, learned counsel for
                               the petitioner.
                               2.   Mr. Lalit Samant, learned counsel for
                               the   respondent-Uttarakhand     Transport

Corporation.

3. Petitioner's father retired from the post of Senior Clerk from Uttarakhand Transport Corporation, Bhowali Depot in the year 2017; petitioner's father passed away in 2018. This writ petition has been filed by petitioner, seeking the following reliefs:-

(i) Issue a Direction or Writ in the nature of mandamus thereby directing the respondent to pay remaining leave encashment amount of Rs.

3,44,065/- (Three Lakh, Forty Four Thousand and Sixty Five Rupees).

(ii) Issue a Direction or Writ in the nature of mandamus thereby directing the respondent to pay present prevailing bank interest from the date of retirement till its payment as has been granted by the Division Bench of this Hon'ble Court in WPSB No. 413/2021 Satish Chandra Joshi Vs. State of Uttarakhand and others (Contained as Annexure No. 5 to this writ petition)

4. According to petitioner, three years after retirement of his father and two years after his death, certain amount was deducted from the amount payable as Leave Encashment of petitioner's father.

5. It is contended by learned counsel for the petitioner 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 'C' or Group 'D' employees.

2025:UHC:10352 Admittedly petitioner's father was working as Group 'C' employee in Uttarakhand Transport Corporation.

6. Learned counsel for the petitioner submits that issue involved in this writ petition is no longer res integra and has been decided by Division Bench of this Court in SPA No. 245 of 2022 & other connected matters, vide judgment dated 04.04.2024.

7. Learned counsel appearing for 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.

8. 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) 20.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f 9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26 F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI

ASWAL RAJ SINGH ASWAL Date: 2025.11.20 03:42:57 -08'00' 2025:UHC:10352