WPSS/1520/2025
2025 Latest Caselaw 4372 UK

Uttarakhand High Court

WPSS/1520/2025 on 17 September, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                          2025:UHC:8269
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                               WPSS/1520/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Ishwari Dutt 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 30.6.2025 passed by respondent no.2 to the extent that an amount of Rs.4,76,601/- 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 / deducted from the payment of gratuity to the tune of Rs.4,76,601/-.

iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the entire sanctioned amount of payment of gratuity to the petitioner i.e. Rs.16,20,346/- including the deducted amount forthwith." .

4. It is not in dispute that petitioner was serving as Senior Clerk in Uttarakhand Transport Corporation, who retired in the month of June, 2025. On 30.06.2025, an order was issued by respondent no. 2, whereby a sum of Rs. 4,76,601/- was taken out of the amount payable as gratuity to the petitioner and adjusted against the amount allegedly paid in excess due to wrong fixation of salary. Thus, feeling aggrieved, petitioner has approached this Court.

2025:UHC:8269

5. Learned counsel for the parties relies upon a judgment rendered by Division Bench of this Court in Special Appeal No. 245 of 2022 and submit that the controversy involved in the present case has already been decided in the said judgment.

6. Mr. Ashish Joshi, learned counsel appearing for the respondents concedes that the issue involved in this writ petition, has been decided by Division Bench in Special Appeal No. 245 of 2022.

7. In view of the unanimity between the counsel for the parties, this writ petition is decided in terms of the judgment rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.) 17.09.2025

Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131b

CHANDRA b4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653 D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.09.17 17:39:18 +05'30'