Uttarakhand Transport Corporation & ... vs Phoola Singh
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Uttarakhand High Court

Uttarakhand Transport Corporation & ... vs Phoola Singh on 3 April, 2024

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                     HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                      SPECIAL APPEAL NO. 411 OF 2023
                              03RD APRIL, 2024
Uttarakhand Transport Corporation & another .....Appellants.
                                       Versus

Phoola Singh                                                       ....Respondent.

Counsel for the Appellants                 :        Mr.   Ashish    Joshi,   learned
                                                    counsel.

Counsel for the Respondent                 :        Mr. S.K. Mandal, learned counsel.

                                            With
                  Review Application (MCC No.02 of 2024)
                                               IN
                      SPECIAL APPEAL NO. 388 OF 2023
Uttarakhand Transport Corporation & others                         .....Appellants.
                                       Versus

Shafiq Ahmad                                                       ....Respondent.

Counsel for the Appellants                 :        Mr.   Ashish    Joshi,   learned
                                                    counsel.

Counsel for the Respondent                 :        Mr. B.D. Pande, learned counsel.

                                            With
                      SPECIAL APPEAL NO. 417 OF 2023
The Managing Director & others                                     .....Appellants.
                                       Versus

Ravi Kant Shukla                                                   ....Respondent.

Counsel for the Appellants                 :        Mr.   Ashish    Joshi,   learned
                                                    counsel.

Counsel for the Respondent                 :        Mr.   Mohit    Kumar,    learned
                                                    counsel.

The Court made the following:

JUDGMENT:

(per Hon'ble The Chief Justice Ms. Ritu Bahri)

Heard learned counsel for the parties.

2. Learned counsel for the appellants submits that to

comply with the judgment passed by the learned Single

Judge, the Department will have to reinstate the respondents,

who had approached to this Court, and thereafter, get them

medically examined from the Medical Board. Those, who have

not approached to this Court, cannot be reinstated to comply

with the judgment of the learned Single Judge.

3. After hearing learned counsel for the parties, the

order dated 20.03.2024, passed in SPA No.388 of 2023 and

other connected Special Appeals, is being modified to the

extent that the Department will refer all those respondents,

who had approached to this Court before the Medical Board,

to comply with the judgment of the learned Single Judge.

4. Review Application (MCC No.02 of 2024) is

disposed of.

5. In view of the above, the special appeals are also

disposed of.

6. Pending application, if any, stands disposed of.

(RITU BAHRI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 03rd April, 2024 NISHANT