JUDGMENT : Pankaj Purohit, J. By means of this writ petition, petitioner has sought indulgence of this Court for quashing the impugned pay fixation order dated 28.08.2021, and the recovery order dated 10.11.2023 and further prayer has been made for directing the respondents to release his Gratuity on the basis of his last drawn salary and to refund the entire amount i.e.Rs.36,176/- deducted/recovered from the amount of his Gratuity. 2. Heard learned counsel for the parties. 3. Brief facts in nutshell are that petitioner was appointed as Driver with the respondents-department in the year 1994. Since then, he was continuously working as such till the date of his retirement i.e.30.11.2023. Respondent no.3-Assistant General Manager, Rudrapur depot passed office order, whereby, an amount of Rs.10,47,714/- as gratuity was sanctioned to the petitioner, but the same was not paid to him despite many requests. On 28.08.2021, respondent No.3 passed an office order, whereby, amendment in his earlier pay-fixation/ACP was made directing him that he may make representation against the same before him. Thereafter, on 10.11.2023, respondent no.3-Assistant General Manager, Rudrapur depot passed an order reducing gratuity amount as Rs.10,11,538/- and a recovery of Rs.36,176/- as excess payment against ACP was made from petitioner as excess payment. Petitioner submitted that the respondent granted Selection Grade/ACP to the petitioner by considering the adverse entries, thereafter, cannot deny for 2nd ACP or 3rd ACP on the ground of same adverse entries, which was already considered for granting 1st ACP. On 09.03.2019, a Government Order was issued clarifying therein that in the matter of any employee, the benefit of ACP has been sanctioned prior to the date 01.09.2008 being covered under any earlier provisions under Government Order dated 08.03.2011, such matter shall not reopen. Petitioner was granted benefit of selection grade/promotional pay scale/ACP prior to the date 01.09.2008; therefore, his matter should not be reopened. Hence, this petition. 4. 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. 5. 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. 5. 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 as referred above by learned counsel for the petitioners vide judgment dated 04.04.2024. 6. 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 Coordinate 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 is later on affirmed vide judgment dated 04.04.2024 in Special Appeals as stated above.