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Judgment
Pankaj Purohit, J
Heard learned counsel for the parties.
Facts in nutshell are that husband of the petitioner was appointed as Labour in the respondent-department and was promoted from time to time and lastly, he was promoted on the post of Walkniger. On 25.09.2023, husband of the petitioner submitted his representation to the respondent no.2 for granting ACP after rendering 41 years of service. But, unfortunately, husband of the petitioner was died on 08.11.2023. Thereafter, on 29.12.2023, respondent-department re-fixed the salary of the husband of the petitioner and even the amount due towards gratuity of husband of the petitioner has been reduced by the impugned order passed by respondent-department. Hence, this writ petition.
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 respondents also concedes and states that the matter is covered by the aforesaid judgments.
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.
Pending application, if any, stands disposed of accordingly.