Yasmeen Parveen vs Managing Director & Anr.

Hon'ble Pankaj Purohit, J. (Oral)

By means of the present writ petition, the petitioner has challenged the order dated 25.03.2026 passed by the respondent no.2, by which, an amount of Rs. 4,07,145/- has been deducted from the gratuity of the petitioner on the ground that the petitioner was made excess payment and further a mandamus to direct the respondent to release the aforesaid amount.

Learned counsel for the petitioner submits that the controversy involved herein 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, which was subsequently affirmed by the Division Bench of this Court vide judgment and order dated 04.04.2024 passed in Special Appeal No. 245 of 2022, Managing Director, Uttarakhand Transport Corporation, Dehradun & Others Vs. Ashok Kumar Saxena, and Batch.

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 vide judgment dated 04.04.2024, as referred above by learned counsel for the petitioner.

In this view of the matter, present 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 2021, Balam Singh Aswal Vs. Managing Director and Others and Batch, which was 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.