Islam Ali Vs Managing Director And Others

Uttarakhand High Court 30 Aug 2024 Writ Petition (S/S) No. 1652 Of 2024 (2024) 08 UK CK 0081
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (S/S) No. 1652 Of 2024

Hon'ble Bench

Pankaj Purohit, J

Advocates

U.N. Joshi, N.S. Pundir

Final Decision

Allowed

Judgement Text

Translate:

Pankaj Purohit, J

1. Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has prayed for following reliefs:

“i). a writ order or direction in the nature of Certiorari to call for the record of case and quash impugned order dated 11.03.2022 and

pay fixation order dated 18.08.2021, contained in Annexure no.7 & 3 to this writ petition.

ii). a writ, order or direction in the nature of mandamus directing the respondents to refund entire amount i.e. Rs.2,29,698/-

deducted/recovered from the Retiral dues/ Gratuity of the petitioner. â€​

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 2021B alam 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,M anaging

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).

4. 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.

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 Coordinate Bench of this

Court in WPSS No.1593 of 2021B alam 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.

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