Uttarakhand High Court
Harish Ram vs Uttarakhand Transport Corporation And ... on 12 June, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.956 of 2024
Harish Ram ....Petitioner
Versus
Uttarakhand Transport Corporation and Anr.
....Respondents
Presence:-
Mr. Kishore Kumar, learned counsel for the petitioner.
Mr. Ashish Joshi, learned counsel for the
respondents.
Hon'ble Pankaj Purohit, J. (Oral)
Heard learned counsel for the parties.
2. By means of this writ petition, petitioner has prayed for following relief:
i). Issue a writ order or direction in the nature of mandamus by calling the records and declared the impugned order 17.12.2021 (Annexure No.1) as arbitrary, illegal and against the provision of law and quash the same and further direct the respondents to forthwith release the amount of post retiral dues such as Leave encashment Rs.1,62,355.00 (Rupees One Lakh Sixty Two Thousand Three Hundred Fifty Five Only) and Medical reimbursement of Rs.21,331.00 (Rupees Twenty One Thousand Three Hundred Thirty One Only), Total amount of Rs. 1,83,686.00 (Rupees One Lakh Eighty Three Thousand Six Hundred Eighty Six Only) and enhanced amount of gratuity i.e. Rs.
4,00,000.00 (Rupees Four Lakh Only) along with interest admissible to him after calling the entire records from the respondents in view of the judgment of Hon'ble Apex Court in the case of State of Punjab vs. Rafiq Masih & other (2015) 4 SCC 334 and judgment dated 14.06.2022 of this Hon'ble Court in the case of "Balam Singh Aswal Vs. Managing Director and Others" in Writ Petition No.1593 of 2021 S/S and judgment and order dated 04.04.2024 passed in Special Appeal No.245 of 2022 "Managing Director, Uttarakhand Transport Corporation Vs. Ashok Kumar Saxena" and judgment dated 03.05.2024 in writ petition no.2276 of 2022 "Jasbir Singh Vs. Uttarakhand Transport Corporation and Ors."
23. Petitioner was initially appointed in the respondent department by due process of law and also against substantive vacancy in the year 1977 and was promoted from time to time and lastly, he was promoted on the post of Traffic Superintendent and on attaining the age of superannuation, he retired from service on 30.09.2018. Since, post retiral dues of petitioner were not released, he represented the department and by order dated 17.10.2021, the pay of petitioner was re-fixed. The representation made by the petitioner could not yield any result. Even the amount due towards leave encashment and other dues were also withheld by the impugned order passed by respondent no.2 and further a direction for recovery of amount paid in excess was directed to be made. Hence, this writ petition.
4. Learned counsel for the petitioner submits that the controversy has been set at rest by a Coordinate Bench of this Court, vide judgment and order dated 14.06.2022 passed in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch of writ petitions, which are subsequently affirmed by the Division Bench of this Court vide judgment and order dated 04.04.2024 in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena, and Batch of Special Appeals. Learned counsel for the petitioner also relied upon the judgment and order dated 03.05.2024 passed by this Court in Writ Petition No.2276 of 2022 (S/S).
35. Learned counsel for the respondents has also submitted that the present matter is squarely covered by the judgment and order dated 14.06.2022, which was affirmed in Special Appeals as referred above by learned counsel for the petitioner vide judgment dated 04.04.2024.
6. In this view of the matter, the writ petition is allowed in terms of the judgment and order dated 14.06.2022 passed by a Coordinate Bench of this Court in WPSS No.1593 of 2021 Balam Singh Aswal Vs. Managing Director and Others and Batch, which is affirmed by a Division Bench of this Court in Special Appeal No.245 of 2022 Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena and Batch, vide judgment dated 04.04.2024. The case of the petitioner shall abide by the aforesaid judgment and order dated 14.06.2022, which is later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.
(Pankaj Purohit, J.) 12.06.2024 PN