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2025 DAILYLAW 3509 (UTT)

VINAY KUMAR JOSHI v. STATE OF UTTARAKHAND

SPA/249/2018 · 2025-06-18

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:5084-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA No. 249 of 2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. M.C. Pant, Advocate for the appellants. 2. Mr. S.K. Nailwal, Standing Counsel for the State of Uttarakhand / respondent no. 1. 3. Mr. Ashish Joshi, Advocate for respondent nos. 2 & 3. 4. Writ petition filed by appellants was disposed of with a direction to the authorities to take decision regarding their claim for equal pay for equal work. The said judgment was challenged by appellants in a Special Appeal, which was disposed of with liberty to them to approach learned Single Judge by filing a Review Application. Appellants, thereafter filed an application seeking review of judgment dated 05.01.2017, rendered in WPSS No. 78 of 2015, on the ground that they had sought direction to the authorities to consider their claim for regularisation and they had not sought claim for equal pay for equal work. The Review Application was rejected by learned Single Judge, vide order dated 26.03.2018. Thus, feeling aggrieved, 2025:UHC:5084-DB appellants have filed this Appeal challenging the judgment dated 05.01.2017 and also the order dated 26.03.2018, passed on their review application. 5. Perusal of the relief clause in writ petition filed by appellants indicates that they have sought a direction to Uttarakhand Transport Corporation to consider their case for regularisation, by including their name in the forthcoming exercise of regularisation. 6. Thus, we find substance in the contention made by learned counsel for appellants that learned Single Judge was not correct in dismissing the review application. 7. Having regard to the aforesaid facts and reasons, we dispose of this Special Appeal with liberty to appellants to approach the Managing Director, Uttarakhand Transport Corporation, by making a representation for considering their claim for regularisation. If they make such representation within two weeks from today, Managing Director shall examine the matter and take decision, as per law, within three months from the date of receipt of such representation. (Subhash Upadhyay, .J.) (Manoj Kumar Tiwari, .J.) 18.06.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f48 7df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819D A875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.06.19 10:22:07 +05'30'