IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1880 of 2011 alongwith connected matters. Decided on: 7th March, 2012. CWP No. 1880 of 2011-B Vinod Kumar S/o Baldev Chand Village Chhajwahan P.O. Sardhwar Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 7904 of 2010 1. Karan Singh, S/o Sh. Kehar Singh, resident of Village & P.O. Kalu Di Hatti, Tehsil Palampur, District Kangra (H.P.) 2. Devinder Singh, S/o Sh. Gian Chand, Resident of Village Langhu, P.O. Gandhigram, Tehsil Baijnath, District Kangra, (H.P.) 3. Rakesh Kumar, S/o late Sh. Lakhiana Ram, Resident of Village Kumahrnu, P.O. Bhawarna, Tehsil Palampur, District Kangra (H.P.) …Petitioners Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Palampur, District Kangra (H.P.) 3. Regional Manager, Himachal Road Transport Corporation, Baijnath, District Kangra (H.P.) …Respondents 2 CWP No. 7921 of 2010-B 1. Asha Kumari, D/o Sh. Piar Chand, resident of Upper Sihotu, P.O. Atyaladai, Tehsil Palampur, District Kangra (H.P.) 2. Harish S/o Sh. Lekh Raj, Resident of Village & P.O. Man Timbal, Tehsil Palampur, District Kangra (H.P.) 3. Rakesh Kumar S/o Sh. Milap Chand resident of Village Kharoutt, P.O. Balah, Tehsil Palampur, District Kangra (H.P.) …Petitioners Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Palampur, District Kangra (H.P.) …Respondents CWP No. 7925 of 2010-B 1. Sanjay Kumar, S/o Sh. Munshi Ram, Resident of Village & P.O. Simbel, Tehsil Baijnath, District Kangra (H.P.) 2. Vikas S/o late Sh. Surinder Kumar, Resident of Village & P.O. Garla Dei, Tehsil Palampur, District Kangra (H.P.) 3. Vinod Singh, S/o Sh. Prithi Singh, Resident of Village Matrun, P.O. Sansal, Tehsil Baijnath, District Kangra (H.P.) …Petitioners Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Bainjath, District Kangra (H.P.) 3. Regional Manager, Himachal Road Transport Corporation, Palampur, District Kangra (H.P.) …Respondents CWP No. 7926 of 2010 1. Tara Chand, S/o Sh. Tek Singh Resident of Village Tappa, P.O. Pahra, Tehsil Palampur, District Kangra (H.P.) 2. Suman Thakur, S/o Sh. Mehar Chand, Resident of Village Kuhana, 3 P.O. Dheera, Tehsil Palampur, District Kangra (H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Palampur, District Kangra (H.P.) …Respondents CWP No. 7927 of 2010 1. Rajesh Kumar, S/o Sh. Mast Ram, Resident of Village Soharna, P.O. Kharet, Tehsil Palampur, District Kangra (H.P.) 2. Ranjit Singh S/o late Sh. Lila Ram, Resident of Village & P.O. Koma Samba (Via Malkher), Tehsil Palampur, Distt. Kangra (H.P.) …Petitioners Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Palampur, District Kangra (H.P.) …Respondents CWP No. 8038 of 2010 Virender Singh S/o Sh. Megh Singh resident of village Gadiyara Dhelu P.O. Jogindernagar Tehsil Jogindernagar, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Jogindernagar, Distt. Mandi, H.P. …Respondents CWP No. 8039 of 2010 Tara Pati S/o Sh. Thakur Singh V.P.O Gokhra (Baloha) Tehsil Sadar Distt. Mandi, H.P. …Petitioner 4 Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 8040 of 2010 Sanjay Kumar S/o Sh. Ashok Kumar V.P.O Sehali Tehsil Sadar, Disttt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 8041 of 2010 Sanjeev Kumar son of Sh. Gurdev Ram, r/o Batayna, P.O Marathv, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 8042 of 2010 Gurdhian Singh s/o late Sh. Pohu Ram, r/o Chhator, P.O Jalpher, Tehsil Jogindernagar, Distt. Mandi, H.P. …Petitioner Versus 5 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Jogindernagar, Distt. Mandi, H.P. …Respondents CWP No. 8043 of 2010 Subhash Chand s/o late Sh. Chet Ram, r/o Jhimjim, P.O Dull, Tehsil Jogindernagar, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Jogindernagar, Distt. Mandi, H.P. …Respondents CWP No. 1878 of 2011 Lalit Sen s/o Sh. Puran Chand r/o village Nanawan, P.O Marthu, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1879 of 2011 Lokesh Kumar s/o Sh. Harnam Singh r/o village Diyari, P.O Tilli, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 6 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1881 of 2011 Kahan Singh s/o Sh. Dahni Ram, r/o village Kayal, P.O Kamand, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1882 of 2011 Rajinder Kumar s/o Sh. Tek Singh r/o village Chharwari, P.O Tilli, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1883 of 2011 Neter Singh s/o Sh. Shiv ram, r/o village Kathlog P.O Padhiyun, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 7 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1884 of 2011 Dhan Dev s/o Sh. Chanderkant, r/o House No.239/13 near ITI Hostel Padal, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 1886 of 2011 Anjan Singh s/o Sh. Bhadur Singh r/o village Sakraha, P.o Pari, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2687 of 2011 Nand Lal s/o Sh. Niku Ram, r/o village Linngri, P.O Sai Khareri, Tehsil Sadar Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 8 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2688 of 2011 Surinder Paul s/o Sh. Bhagi Rath, r/o village & P.O Gahra, Tehsil Sarkaghat, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2689 of 2011 Virender Kumar s/o Sh. Kansi Ram, r/o village Upper Thala & P.O Bayala, Tehsil Sundernagar, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2690 of 2011 Pawan Kumar son of Sh. Lal Singh r/o village & P.O Upper Behli, Tehsil Sundernagar, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents 9 CWP No. 2691 of 2011 Randhir Singh s/o Sh. Narain Singh, r/o village Runda & P.O Kansakoti, Tehsil Rohru, District Shimla, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2692 of 2011 Desh Raj s/o Sh. Nathu Ram, r/o village & P.O Jharog, Tehsil Jubbal, District Shimla, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2693 of 2011 Duni Chand s/o Sh. Narain Dass, r/o village Beri & P.O Chattorkdi, Tehsil Sundernagar, Distt. Mandi, H.P. …Petitioner Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents CWP No. 2694 of 2011 Inder Singh s/o Sh. Paras Ram, r/o village Gharwagra, P.O Balhara, Tehsil Baldawara, Distt. Mandi, H.P. …Petitioner 10 Versus 1. Himachal Road Transport Corporation through its Managing Director, Shimla. 2. Regional Manager, Himachal Road Transport Corporation, Mandi, Distt. Mandi, H.P. …Respondents Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. For the petitioners : Mr. M.A. Khan, Advocate. For the Respondents : Mr. Vikrant Thakur, Advocate. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petitioners in these cases are Booking Agents under the respondent Corporation. They have been engaged since quite a few years and they have been continuing as such. It is seen that at some stage, in view of the shortage of Conductors, the petitioners have been made to work as Conductor. To that extent, the position is admitted in the reply of the Corporation itself. The stand of the Corporation is that the petitioners have been working on contract basis, as Commission Agents and only on account of service exigency, they have been occasionally engaged as Conductors. Learned counsel for the petitioners submits that some of the Booking Agents have been regularized as TMP, Clerks, Conductors etc. Be that as it may. According to the petitioners, in view of the their vast experience, in some cases for decades, it will only be appropriate that they are considered for appointment as Booking Clerks. Learned 11 Counsel for the Corporation submits that no steps are now being taken for appointment as Booking Clerks. 2. Having heard learned counsel for the petitioners and learned counsel appearing for the Corporation, we are of the view that ends of justice will be met in case the direction is issued to the Corporation that as and when the steps are taken for filling up the posts of Booking Clerks, the petitioners will be preferentially considered according to their seniority order. Ordered accordingly. It is made clear that till such time the present arrangement will continue and, as and when any of the petitioners is deputed for any regular service, remuneration in respect of that service will be paid. 3. With the above observations, the writ petitions stand disposed of, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. (Justice Dharam Chand Chaudhary), Judge. March 7, 2012. (Naveen/pankaj)