01Facts
The petitioner challenged the portion of an office order dated 28 September 2026 directing recovery of ₹3,29,095 from his admitted gratuity of ₹15,83,325.
¶ 3He also sought payment of the full gratuity and leave encashment for 300 days, with prevailing bank interest.
¶ 3The petitioner submitted that the issues were covered by a Division Bench judgment dated 4 April 2024 in a batch of special appeals led by Special Appeal No. 245 of 2022; the State did not dispute that submission.
¶ 4–502Issues
i.Whether the petitioner’s challenge to the recovery from his gratuity was governed by the Division Bench judgment dated 4 April 2024.
¶ 3–6ii.Whether the petitioner’s grievance concerning payment of gratuity and leave encashment should be redressed in light of that judgment.
¶ 3, 6–703Law Applied
The Court applied the Division Bench judgment dated 4 April 2024 in the batch of special appeals led by Special Appeal No. 245 of 2022, as the governing precedent for the petitioner’s grievance.
¶ 6The judgment does not set out the precedent’s substantive legal principles or cite any statute.
04Reasoning
The Court recorded that the petitioner relied on the 2024 Division Bench judgment and that the State did not dispute its applicability.
¶ 4–5On that basis, rather than independently examining the legality of the recovery or separately determining the leave-encashment claim, the Court disposed of the petition in terms of that precedent and directed the respondents to redress the petitioner’s grievance in its light.
¶ 6–705Holding
The petition was disposed of in terms of the Division Bench judgment dated 4 April 2024.
¶ 6–7The respondents were directed to redress the petitioner’s grievance in light of that judgment within one month from production of a certified copy of the order.
¶ 6–7Original Court PDF
GOPAL DUTT JOSHIvsMANAGING DIRECTOR UTTARAKHAND TRANSPORT CORPORATION
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
