Managing Director Uttarakhand Transport Corporation & Others vs Mumtaj Ahmad & Others

Vipin Sanghi, CJ

These special appeals have been preferred against the common judgment dated 14.06.2022, rendered by the learned Single Judge, in writ petitions preferred by each of the aforesaid respondents. The writ petitions preferred by each of the aforesaid respondents are the following:-

“1. Writ Petition (S/S) No.1595 of 2021, Mumtaj Ahmad vs. Managing Director & others.

Writ Petition (S/S) No.301 of 2022, Dungar Singh vs. Managing Director & others.

Writ Petition (S/S) No.302 of 2022, Nanda Ballabh Tewari vs. Managing Director & others.

Writ Petition (S/S) No.306 of 2022, Hemendra Singh vs. Managing Director & others.

Writ Petition (S/S) No.1627 of 2021, Harminder Singh vs. Managing Director & others.

Writ Petition (S/S) No.305 of 2022, Anand Singh Adhikari vs. Managing Director & others.

Writ Petition (S/S) No.309 of 2022, Chandni Pandey vs. Managing Director & others.

Writ Petition (S/S) No.303 of 2022, Deewan Singh Rawat vs. Managing Director & others.”

The petitioners had preferred the writ petitions seeking to release their retiral dues, which were withheld by the appellant-Corporation. The only justification offered for withholding retiral dues of the respondents herein was paucity of funds with the appellant-Corporation. The learned Single Judge has allowed the aforesaid writ petitions preferred by the respondents herein (apart from eighteen other writ petitions), by directing the appellant-Corporation to pay the retiral benefits with its arrears, as sought by the petitioners-employees in each of the respective writ petition, as expeditiously as possible, but not later than three months from the date of production of certified copy of the order. Costs of Rs.5,000/- have also been imposed upon the appellants-Corporation in each of the writ petitions.

Considering the fact that there was no recovery claimed to be outstanding from the respondents, and the only reason offered for non-payment of the retiral dues of the respondents herein was paucity of funds, we are of the view that there is absolutely no merit in these special appeals. The imposition of costs of Rs.5,000/- is also not unjustified, considering the fact that the respondents herein were driven to file writ petitions to receive their retiral dues- in respect whereof, there was no dispute.

We, therefore, dismiss the present special appeals. We, however, make it clear that this order shall not have any bearing on other special appeals preferred by the appellant-Corporation, arising from the impugned common judgment in relation to eighteen other writ petitioners, where the case of the appellant-Corporation is that on account of wrong fixation of pay upon grant of A.C.P., the excess amounts have been paid, which the appellant-Corporation is entitled to recover from the retiral dues of such employees.