Pankaj Purohit, J
1. By means of this writ petition, petitioner has prayed to issue a writ of mandamus directing the respondents to make the payment of Leave Encashment Rs.3,15,389/- along with 12% interest to the petitioner within time.
2. Facts in nutshell are that petitioner was appointed as Conductor in the respondent-department and was promoted from time to time and lastly, he was promoted on the post of Booking Clerk and on attaining the age of superannuation, he retired from service on 31.01.2009. Since, payment of leave encashment of petitioner was not released, he represented the department vide order dated 03.05.2024. The representation made by the petitioner could not yield any result. Even the respondents recalculate monthly salary of the petitioner from Rs.46,200/- to Rs.41,600/-and also deducted his gratuity amount from Rs.9,29,686/- to Rs.8,37,120/-, after his retirement. Hence, this writ petition.
3. 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.
4. Learned counsel for the respondents also concedes and states that the matter is covered by the aforesaid judgments.
5. 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 Co-ordinate 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 was later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.
6. Pending application(s), if any, stands disposed of accordingly.
