M.Katju, J. - (1.) This Full Bench has been constituted by Hon'ble the Chief Justice on a reference made by one of us (Hon'ble M. Katju. J.) by order dated 20.7.1998 in Writ Petition No. 23076 of 1998 and upon the reference made in Writ Petition No. 24009 of 1998 by order dated 27.7.1998.
(2.) We have heard learned counsel for the parties. The question referred to us relates to the interpretation of the judgment of the Hon'ble Supreme Court in U. P. State Road Transport Corporation and another v. U. P. Parivahan Nigam Shishuksh Berozgar Sangh and others. AIR 1995 SC 1115.
(3.) A perusal of the reference order indicates that the questions which fall for consideration are as follows : (1) to examine and decide whether the directives of the judgment of Supreme Court in the case of U. P. State Road Transport Corporation v. U. P. Parivahan Nigam Shishuksha Berozgar Sangh and others, JT 1995 (2) SC 26, should be confined to U.P.S.R.T.C. alone or they are applicable to all departments or all corporations. (2) to reconsider the judgment of the Division Bench in Vivek Guptrishi v. State of U. P. and another. Writ Petition No. 37922 of 1997, decided on 12.11.1997. (3) to consider the matter in the context of Article 16 of the Constitution, and (4) to decide whether the circular dated 12.9.1996 has proceeded on a misconception. Re : Question No. 1;