Uttarakhand Transport Corporation And Others vs Daya Kishan Pathak And Others

Ritu Bahri, CJ

Heard learned counsel for the appellant at length.

Present Special Appeals have been filed by the Uttarakhand Transport Corporation against the judgment and order dated 05.01.2024 passed by the learned Single Judge in Writ Petition (S/S) No. 363 of 2022 titled as ‘Daya Kishan Pathak and others vs. State of Uttarakhand and others’ and bunch of writ petitions, whereby the writ petitions filed by the respondent-writ petitioners have been allowed and the Corporation has been restrained from recovering any amount, which was allegedly paid in excess to the respondent-writ petitioners than what they were entitled to. It was also directed that the retiral dues, including gratuity of the respondent-writ petitioners, if withheld for recovery of the excess payment, shall be released forthwith. As regards the serving employees, liberty was given to the Corporation to pass appropriate order, as per law, but, only after hearing them.

A similar issue had come-up for consideration in Special Appeal No. 245 of 2022 and bunch of Special Appeals. Those Special Appeals, which had been filed by the Uttarakhand Transport Corporation, have already been dismissed by this Court by order dated 4th April, 2024.

The issue involved in these cases is also that from the persons retired and who are going to be retired, no recovery should be made as per the judgment of the Supreme Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) and others (2015) 4 SCC 334.

These Special Appeals are also dismissed in terms of the order dated 4th April, 2024 passed by this Court in Special Appeal No. 245 of 2022 and bunch of Special Appeals, and it is being observed that if some recovery has been made from the respondent-writ petitioners, the same shall be returned to them within four weeks from today.