WP/32132/2010 of N.V.V.Satyanarayana Vs Andhra Pradesh State Road Transport on 31 December 2010

O R D E R:

The petitioner was appointed on contract basis as a driver. After some time, he was terminated from service on the ground ofabsenteeism. No enquiry was conducted before the order of removalwas passed. Subsequently, he came to be re-engaged on the basisof the orders passed by the appellate authority. The limitedgrievance of the petitioner is that while issuing orders of re-engagement, the respondents did not extend the benefit of continuityof service.

2. Heard the learned counsel for the petitioner and the learnedStanding Counsel for the respondents.

3. Identical issue was dealt with by this Court in W.P. No. 8090of 2010. Through order, dated 12.04.2010, this Court held that thecontractual employees, who are re-engaged on the orders of removalbeing set aside, are entitled to the benefit of past service.

4. Following the same, the Writ Petition is allowed and it isdirected that the petitioner shall be entitled to the benefit of theservice between the date of termination and the date of re-engagement. However, the petitioner shall not be entitled to anymonetary benefits on account of the said benefit. No costs.

Date: December 31, 2010BSB

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Nooty Ramamohana Rao, J

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