WPSS/1002/2026
2026 Latest Caselaw 3009 UK

Uttarakhand High Court

WPSS/1002/2026 on 15 April, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                              2026:UHC:2646
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                    COURT'S OR JUDGE'S ORDERS
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                               WPSS/1002/2026
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Rajat Pandey, Advocate for the petitioner.

2. Mr. N.S. Pundir, Advocate for the respondents.

3. Petitioner retired from the post of Senior Clerk from Uttarakhand Transport Corporation on 30.06.2025. He is aggrieved by the order dated 04.07.2025, issued by Regional Manager (Operation) of the Corporation, whereby a sum of ` 1,61,318/- has been ordered to be recovered from the amount payable as gratuity to him.

4. Petitioner contends that after retirement, such order cannot be passed. It is further contended that petitioner was serving as a Group-C employee, and in view of the law declared by Apex Court in the case of State of Punjab and others v. Rafiq Masih (White Washer) and others, reported as (2015) 4 SCC 334, recovery cannot be made from a Group-C employee.

5. Mr. N.S. Pundir, learned counsel for the Transport Corporation submits that due to wrong pay fixation of the petitioner, excess amount was paid to him, which has been ordered to be recovered by the impugned 2026:UHC:2646 order.

6. Learned counsel for the petitioner relies upon a judgment rendered by Division Bench of this Court, in Special Appeal No. 245 of 2022, and submits that since the issue involved is identical, therefore, this writ petition can be decided in terms of that judgment.

7. Mr. N.S. Pundir, learned counsel appearing for the Corporation concedes that the issue involved is identical.

8. In such view of the matter, the writ petition is decided in terms of the judgment dated 04.04.20254, rendered in Special Appeal No. 245 of 2022.

(Manoj Kumar Tiwari, J.) 15.04.2026 Navin NAVEEN Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a13

CHANDRA 1bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D 653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.04.15 18:20:44 +05'30'