AMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In the present day situation, when jobs are less and seekers for the same are many, a fair opportunity of employment is the least what is expected from a public authority. A fair opportunity to apply and compete should be provided to all eligible candidates. Denial of the same, either deliberately or because of sheer negligence, would amount to denial of justice to such persons.

(2.) The moot question in these writ petitions concerns the fairness of the U.P. State Road Corporation (for short referred to as the Corporation) with regard to providing a 'fair opportunity of employment to the petitioners, who are all contract drivers and have worked with the Corporation for a reasonably long period.

(3.) This bunch of writ petitions is a sequel to the earlier set of writ petitions, decided by this Court on 22.2.2005, and of which writ petition No. 48316 of 2004 was treated as the leading writ petition. The issue involved earlier also was with regard to the rights of the petitioners who were engaged by the Corporation as drivers on the basis of contract. Such drivers had continued to work with the Corporation for a period ranging from 2 to 8 years. Their engagement had been made on contract basis because there was a ban imposed by the State Government on regular appointments of any fresh drivers. Undisputedly the Corporation needed working hands for driving their buses, and it was at that time when, after adopting some selection process, the Corporation had selected drivers who were engaged on contract basis. After the posts of drivers were sanctioned by the State Government on 25.10.2004, the Corporation issued an advertisement on 28.10.2004 inviting applications for filling up the posts on which the petitioners claimed that they ought to have been regularized or given some relaxation and/or preference. By the Judgment and Order dated 22.2.2005 rendered in writ petition No. 48316 of 2004, this Court had issued directions for looking into the grievances of the petitioners, for which a joint committee of the State Government and the Corporation was to be constituted, and which was to submit its report regarding the relaxation and/or preference which was to be granted to the contract drivers within the ambit of U.P.S.R.T.C. Employees (other than officers) Service Regulation 1981 (for short Regulations of 1981).