UTTARAKHAND TRANSPORT CORPORATION Vs. ASHOK KUMAR

JUDGEMENT

(1.) Sri Sharad Sharma, Senior Advocate assisted by Sri D.C.S. Rawat, learned counsel for the appellants. Sri A.K. Joshi, learned counsel for the respondent.

(2.) Having heard the learned senior counsel Sri Sharad Sharma for the appellant, we do not find any reason to interfere in the order of the learned Single Judge which is well considered and only a direction has been issued to the Managing Director to consider the application of the petitioner and, if filed, the Managing Director would assign an alternative job to the petitioner pursuant to Regulation 76 of the U.P. Transport Corporation Employee Service Regulation, 1981 (hereinafter to be referred as Service Regulation, 1981). In our opinion the order of the learned Single Judge is in consonance with Regulation 76 of the Service Regulation, 1981. The contention of the learned counsel for the appellants that an assignment had already been made earlier to the petitioner which had been refused by the petitioner is immaterial. The learned Single Judge has directed the appellants to reconsider the matter afresh.

(3.) With the aforesaid observations, the special appeal is dismissed.