HARPHOOL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of CWP No.1368 of 2005 titled Harphool Singh and others vs. State of Haryana and others, CWP No.1032 of 2006 titled Lekhi Ram and others vs. State of Haryana and others, CWP No.3006 of 2006 titled Ved Ram vs. State of Haryana and others, CWP No.8371 of 2006 titled Kailash Chander and others vs. State of Haryana and others & CWP No.13383 of 2006 titled Rohtash Singh vs. State of Haryana and others. The facts are taken from CWP No.1368 of 2005.

(2.) The twelve petitioners before this Court in this petition claim the benefit of the direction issued by the Division Bench of this Court in CWP No.12509 of 1998 and to accord them backdated orders of regularization of their services w.e.f. February 2000. The claim is largely based on the ground that in the year 1993 the General Manager of Haryana Roadways Depot at Faridabad sent a requisition to the Employment Exchange for filling large number of posts of Conductors in the Faridabad Depot. The names of petitioners were sent by the Employment Exchange. They were called and appeared for interview on 12.05.1993 and were placed on the waiting list. The appointments from out of the waiting list did not fructify.

(3.) In December 1993 there was a statewide strike by Roadways employees, conductors and drivers paralysing public transport. The strike lasted eight days. In order to keep the buses plying, a large number of persons were hurriedly engaged by various depots of Haryana Roadways on daily wage basis as conductors. Such as those who were appointed during strike were discontinued after the strike was called off. A list of these persons was prepared for consideration of appointment against future vacancies on random basis by various depots as a measure of State gratitude for good services rendered during the strike. Accordingly a large number of persons who worked during the strike were given appointment in the Department on contract basis in different depots on random basis. However, a considerable number of persons still remained who could not be offered appointment on account of lack of vacancies. This matter gave rise to numerous writ petitions filed before this Court primarily on the allegation that serial order of the so called waiting lists was not followed. Finally the matter was resolved by the Supreme Court in Civil Appeal Nos.316 and 317 of 2004. In answer to the petition, the State Government submitted a scheme before the Supreme Court containing provision that the remaining persons who could not be given contractual appointment would be offered appointment on contract basis in terms of the scheme presented. In the meanwhile, an additional 750 vacancies of posts of conductors had been sanctioned by the State Government for filling up on contract basis. It was in this background that the bunch of 24 writ petitions was preferred before this Court and on 11.05.2004 the Court directed the Transport Commissioner, Haryana to file an affidavit on or before 23.07.2004 giving details of appointments made of conductors and helpers on contractual basis. It was in these circumstances that contractual appointment was offered to the petitioners vide identical orders dated 19/20/21.05.2004 on a fixed salary of Rs.2500/- per month with the further conditions of service to be regulated by the amended Haryana Transport Department (Group-C) Haryana Roadways Rules, 2004 and instructions issued by the State Government from time to time. The appointment was to commence from the date of reporting for duty. The time given for submission of joining report was within 15 days from the receipt of the letters of offer. The second prayer today as in the petition/s is for modification of the appointment orders so as to make them run not on contractual but on regular basis in Faridabad Depot. They seek regularization of services w.e.f the day their names found mention in the waiting list of 1993 prepared before the strike but which did not fructify in offer of appointments. The further prayer is for setting aside the appointments of private respondent Nos.5 to 34 as conductors in Haryana Roadways, Faridabad for a variety of reasons stated in the petition.