The court emphasized that in the absence of a promise for adjustment and considering the surplus of drivers/conductors and financial losses incurred by the department, the petitioners could not claim parity with the situation arising in 1993 and be adjusted against the vacant posts.

RITU BAHRI, J.

1. The petitioners are the conductors/drivers who had worked when there was strike in State of Haryana w.e.f 16.10.2018 to 03.11.2018 and now they have approached this Court for adjusting them against the vacant posts of conductors and drivers, as the similar benefit has already been given to the drivers/conductors who had worked during the strike in 1993. Reference has been made to letter dated 17.02.1994 issued by General Manager, Haryana Roadways, Sirsa.

2. On notice of the petition,

3. The grievance of the petitioners before this Court is that some of the petitioners were doing private job and they joined the duties of conductors/drivers on the hope that they will be adjusted against the vacant posts of Drivers and Conductors as assured by General Manager, Haryana Roadways, Sirsa and Works Manager, Sirsa but on 03.11.2018 they were told that their service is no longer required. Further the respondents had issued advertisement (Annexure P-3) colly advertising various posts of drivers/conductors on regular basis. Besides these regular posts, the respondents are proceedings ahead with selection process for 905 posts of conductor/504 posts of driver.

4. On notice of the petition, a reply has been filed by learned State counsel on 06.12.2018 and in para 9 of the reply, it has been stated that it has been decided in principle to withdraw the engagement on contractual basis of 905 conductors and 504 drivers, advertised through advertisement with closing date 25.10.2018. The proposal for withdrawal of process has already been submitted for approval and it is under active consideration of the Government.

5. Thereafter, on 08.01.2019, learned State counsel has informed this Court that yesterday, a final decision has been taken to withdraw the advertisement (P-3 colly) for appointment of drivers and conductors on contract basis.

6. An affidavit dated 10.01.2019 of Deputy Transport Controller (Tech) o/o Director, State Transport Haryana was filed stating therein that the services of drivers/conductors during the time of strike were engaged as an interim measure and the services were engaged through service provider in all depots. Further after rationalising the staff requirement and deployment throughout the State, the Department has drivers/conductors over and above the staff requirement (1:1:72 for driver and 1:1:74 Conductors), much beyond the sanctioned strength @1:1:14 norms. Further the Haryana Roadways is running into losses and for the financial year 2017-18, the losses were Rs. 676.36 crore. During the current financial year 2018-19, the losses are around Rs. 559 crore for the period April-November, 2018 and these are likely to cross Rs. 900 crores. On joining of the regular employees, in terms of directions given by this Court on 02.11.2018 in CWP-PIL-24- 2018, services of such drivers/conductors through service providers were discontinued.

7. In Transport Department, at present there are no vacant posts of drivers and conductors against which the petitioners or similarly situated persons can be adjusted. Rather, the Transport Department is having surplus staff of Drivers and Conductors whose services are being utilized to reduce the overtime payment. Further the employment of Bus Conductors in excess of requirement in the past, without availability of buses, led to an audit para amounting to Rs. 9.93 crore.

8. In response to the above affidavits dated 06.12.2018 and 10.01.2019, a counter affidavit has been filed in CWP No. 28691-2018. In para 3 of the affidavit, it has been stated that the General Manager, Haryana Roadways has shown requirement of 212 conductors and 135 drivers in Sirsa depot vide letter dated 20.11.2018. The details of vacancies for the post of driver and conductor accruing on the basis of norm applied for the respondents on account of hiring/purchasing of new buses is given in para no. 3 of the counter affidavit.

9. However, Deputy Transport Controller (Tech) o/o DST, Haryana has given the