- (1.) The petitioners were engaged as drivers in February 1994 in the Haryana Roadways, Ambala Depot, Ambala on contract basis. The two petitioners have claimed regularization of their services. An agreement was reached between the Government and the recognized Union of Workers of Haryana Roadways on June 16, 1994 wherein it was decided that contractual drivers and conductors would be entitled to benefit of uniform on completion of one year of service and they would be further entitled to regularization against vacancies on completion of two years of service. Accordingly, the policy decision was taken in the shape of instructions dated July 28, 1994. The Government withdrew the policy decision on November 17, 1995. Still further by instructions dated September 26, 1997 the instructions dated November 17, 1995 stand withdrawn. The immediate effect of which the petitioners say was that the revival of the policy decision dated July 28, 1994 had been revived. Their claim for regularization is based in this manner.
(2.) When the instructions were withdrawn some of the affected conductors and drivers approached this Court challenging the action in CWPs 11174 of 1997 and 12697 of 1997 which petitions were allowed by the Division Bench by their Lordships judgment dated November 22, 1997. It was held that the petitioners therein were entitled for consideration for regularization from the date they completed two years of service. Accordingly, in the light of above said decision read with the agreement dated June 16, 1994 and the policy dated July 28, 1994 the Transport Commissioner, Haryana reconsidered the matter and issued another policy decision laying down that all drivers and conductors working on contractual basis who had completed two years of service from June 16, 1994 to January 08, 1998 are entitled for regularization from the year 1998. The services of all drivers and conductors working on contractual basis who had completed two years of service had been regularized pursuant thereto but the petitioners were left out of consideration. The ruling was obviously read in personam. They represented to the authorities for similar treatment. They met with little success.
(3.) Hence, the petitioners approached this Court in CWP No.6071 of 1999 in the present petition and notice of motion was issued for July 23, 1999. No interim orders were passed in the first hearing on May 07, 1999. Pending litigation, the services of petitioner No.1-Ram Dia were terminated vide impugned order dated June 07, 1999 which had led to filing of the amended writ petition challenging the order of termination as well.;