WPSS/2032/2025
2025 Latest Caselaw 5799 UK

Uttarakhand High Court

WPSS/2032/2025 on 26 November, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:10514
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                 COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/2029/2025
                               With
                               WPSS/2032/2025
                               WPSS/2033/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Vinod Tiwari and Mr. Rajat Pandey, Advocates for petitioner.

Mr. Lalit Samant, Advocate for respondents.

2. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 2029 of 2025 (SS) alone are being discussed and considered.

3. Petitioner's husband, late Harwant Singh, was employed as Driver in Uttarakhand Transport Corporation, who died while in service on 18.04.2025. An order was passed on 28.08.2025 by Assistant General Manager, Tanakpur, District Udham Singh Nagar providing for recovery of Rs. 34,413/- plus Rs. 10,000/- is equal to Rs. 44,413/- from the amount payable as gratuity to petitioner's husband. The reason for making such recovery is that some excess amount was paid to petitioner's husband. Thus feeling aggrieved by order dated 28.08.2025, petitioner has approached this Court.

2025:UHC:10514

4. Learned counsel for petitioner submits that after death/retirement, no recovery can be made from the dues payable to Group-C or Group-D employees. He submits that identical issue was decided by Division Bench of this Court in Special Appeal No. 245 of 2022, therefore this writ petition deserves to be decided in terms of the said judgment.

5. Mr. Lalit Samant, learned counsel appearing for Uttarakhand Transport Corporation concedes that the issue involved in this petition was decided by Division Bench in Special Appeal No. 245 of 2022.

6. In view of consensus between the parties that the issue involved in this petition is no longer res integra, the writ petitions are decided in terms of judgment dated 04.04.2024, rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.) 26.11.2025 Mahinder/

MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BAB A43D2B8F, cn=MAHINDER SINGH Date: 2025.11.26 16:39:27 +05'30' 2025:UHC:10514