JUDGMENT :

Manoj Kumar Gupta, J.

1. The present reference to Larger Bench is on the following questions: -

"(a) Whether an intra court appeal under Chapter VIII Rule 5 of the High Court Rules against a judgment of single Judge in a writ proceeding under Article 226 of the Constitution of India preferred against an order passed by an authority exercising appellate or revisional power under Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981 would be maintainable?

(b) Whether the Division Bench decision in the case of U.P.S.R.T.C. Thru R.M. Vs. Abhay Raj Singh and others (supra) or the earlier two Division Bench decisions, namely, Jageshwar Prasad Tiwari Vs. U.P.S.R.T.C. and others (supra) and Madan Pal Singh Vs. State of Uttar Pradesh and others (supra), lays down the correct law ?"

The backdrop in which the reference has been made:

2. The appellant was a Conductor in the Uttar Pradesh State Road Transport Corporation (for short hereinafter referred to as “UPSRTC”). It has been constituted by a notification dated 31.5.1972 by the State Government, issued under Section 3 of the Road Transport Corporations Act, 1950 (for short hereinafte