WPSS/726/2026
2026 Latest Caselaw 1834 UK

Uttarakhand High Court

WPSS/726/2026 on 12 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                 2026:UHC:1634
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                               WPSS/726/2026
                               Hon'ble Manoj Kumar Tiwari, J
                               1.    Mr. Tejas Agarrwal, learned counsel
                               for the petitioner.

                               2.   Mr. Ashish Joshi, learned counsel for
                               the respondents.

3. Petitioner was an employee of Uttarakhand Transport Corporation, who retired on 31.07.2019 from the post of Assistant Electrician. After his retirement, an order was passed on 26.05.2022, which provided for recovery of ₹2,25,490/- from the amount payable as Gratuity to the petitioner. Thus, feeling aggrieved by the said order, petitioner has approached this Court.

4. Learned counsel for the petitioner submits that after petitioner's retirement no order, providing for recovery from his retiral dues, can be passed. He further submits that petitioner was not heard before passing the impugned order. It is further contended that petitioner served against a Group 'C' post, therefore, in view of law declared by Hon'ble Apex Court in the case of State of Punjab v. Rafiq Masih, reported as (2015) 4 SCC 334, no recovery can be made from him.

5. Learned counsel for the petitioner refers to a judgment rendered by Division Bench of this Court in SPA No. 245 of 2022. He submits that identical issue was decided in the said judgment, therefore, this writ petition deserves to be decided in terms of that judgment.

2026:UHC:1634

6. Mr. Ashish Joshi, learned counsel appearing for Uttarakhand Transport Corporation does not dispute the said submission and fairly submits that the issue involved in this writ petition is identical.

7. Accordingly, the writ petition is decided in terms of judgment dated 04.04.2024 rendered in SPA No. 245.

(Manoj Kumar Tiwari, J) 12.03.2026 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND,

ASWAL serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.12 05:29:59 -07'00'