WPSS/1519/2025
2025 Latest Caselaw 4321 UK

Uttarakhand High Court

WPSS/1519/2025 on 15 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                                                  2025:UHC:8206
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                               WPSS/1519/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Rohit Kumar, Advocate, holding brief of Mr. I.D. Paliwal, Advocate for the petitioner.

2. Mr. Ashish Joshi, Advocate for the respondents.

3. By means of this writ petition, petitioner has sought the following relief:-

"i) Issue a writ of certiorari quashing the impugned order dated 2.6.2022 passed by respondent no.3 to the extent that an amount of Rs.1,02,456/- has been deducted from the payment of gratuity. (Contained as Annexure No.1 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to return back the amount of arrears to the petitioner towards 2nd ACP which is recovered from the payment of gratuity to the tune of Rs.1,02,456/ along with 10% interest which is prescribed in the Payment of Gratuity Act upto the actual payment and also pay the cost of Rs.5000/-

which is given in the Writ Petition No.1593 of 2021 (S/S) "Balam Singh Aswal Vs Managing Director and others" and the same judgment was affirmed by the Hon'ble Division Bench of this Hon'ble Court in Special Appeal No.245 of 2022 "Managing Director, Uttarakhand Transport Corporation and others Vs Ashok Kumar Saxena"".

4. Learned counsel for the parties are unanimous that the issue involved in this writ petition has been decided in Special Appeal No. 245 of 2022.

5. In view of the consensus between the parties, this writ petition is decided in terms of the judgment rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.) 15.09.2025 Navin NAVEEN

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

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da8 2a131bb4e4403d3c0a15, postalCode=263001,

CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF 56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.15 18:13:15 +05'30'