Gokulanand Joshi vs Managing Director, Uttarakhand Transport Corporation, Dehradun And Others

Ravindra Maithani, J

By means of the instant petition, the petitioner seeks the following reliefs:-

“i) a writ, order or direction in the nature of certiorari to call for the record of case and quash impugned the recovery order dated 29-11-2022 contained in Annexure no.3 to this writ petition.

ii) a writ, order or direction in the nature of mandamus directing the respondents to refund the entire amount i.e. Rs.388404/-deducted/recovered from the Retiral dues / Gratuity of the petitioner.

iii) a writ, order or direction in the nature of mandamus, which this Hon’ble court may deem fit and proper on the basis of the facts and circumstances of the case.

iv) Award the cost of the petition to the petitioner.”

Heard learned counsel for the parties and perused the record.

At the very outset, learned counsel for the petitioner would submit that the matter is squarely covered by the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others vs. Ashok Kumar Saxena; and connected cases.

Learned counsel for the respondents admits this fact.

The matter is covered, therefore, instant petition is decided in terms of the judgment dated 04.04.2024, passed by the Division Bench of this Court in Special Appeal No.245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun and others vs. Ashok Kumar Saxena; and connected cases.