HEM RAJ Vs. HRTC & ORS.

JUDGEMENT

(1.) PURSUANT to our order dated 17.10.2011, the learned Standing Counsel has made available the particulars with regard to the contract drivers now serving at Nalagarh. There are 36 contract drivers and eight of them are junior to the petitioner. Of the 36, only three have served in the tribal area and why the petitioner is picked and chosen is not quite clear. If the services of the contract drivers are required in the tribal areas, there must be some guidelines that should be followed in deputing the contract drivers in the tribal areas. In any case, in case there is any contract driver who has completed the contract period of a minimum period of 5 years in Nalagarh Unit, the first preference or choice should have been to such driver. When new contract drivers are appointed, the Corporation and all its Units should first appoint them in tribal areas with a condition that they should serve for a minimum of 5 years in the tribal area, of course subject to experience in driving vehicles in tribal areas. Therefore, there will be a direction that henceforth in HRTC, all the contract drivers and conductors should be appointed first in tribal, hard and difficult areas with the condition that they should serve there for a minimum of 5 years before their transfer to other areas in case such drivers are otherwise experienced in driving heavy vehicles in hard and tribal areas. After the said period of 5 years, subject to availability of the vacancies, the seniors among them should be given their choice place of posting.

(2.) WE are informed that there is still vacancy available at Nalagarh. In view of the factual situation we have adverted to above, the petitioner shall be retained for the time being at Nalagarh till the petitioner is transferred in accordance with a transparent and uniform policy of transfer from Nalagarh to tribal area either on account of length of service or otherwise. The period the petitioner was out of service up to 17.10.2011, shall be treated as leave of the kind due and if leave of the kind due is not available, the same shall be adjusted against the leave not due.