IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.21050 OF 2011 Date:27.07. 2011 Between:- Nalli Vishnu Murthy .. Petitioner And APSRTC, rep.by its Managing Director, Hyderabad and others. .. Respondents ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of respondent No.3 in terminating the petitioner from service without holding any enquiry, vide proceedings No.M2/(14)2007-AMP, dated 13.07.2007, which was modified by respondent No.2 by ordering reinstatement as a fresh Driver by denying past service and benefits to the petitioner vide proceedings No.LC.876(19)/10.RM.RJY, dated 23.11.2010, as illegal, arbitrary and contrary to the circular instructions, and consequently, to set aside the same and extend the benefits on par with his colleagues including regularization. 2. The case of the petitioner is that he was appointed as Driver on contract basis in the respondent Corporation in the month of April, 2006 and working as such in the depot of respondent No.3. While so, respondent No.3 terminated him from service on the ground of absenteeism vide order, dated 13.07.2007. Aggrieved thereby, he filed W.P.No.24688 of 2010 and in pursuance of the directions of this Court, he was reinstated into service by respondent No.2 as fresh Driver and posted to work at Razole Depot. The services of his colleague were regularized on 01.01.2010, but the case of petitioner was not considered for regularization. Respondent No.2 failed to order for reinstatement with consequential benefits. As the petitioner was reinstated as fresh Driver, he has to lose his seniority and he would become junior and thus, lose his basic pay to a tune of Rs.5,000/- per month. Hence, the writ petition. 3. Learned counsel for the petitioner contended that the earlier termination order of the petitioner was set aside by this Court and in pursuance of the directions of this Court, he was reinstated into service as a fresh Driver and without holding any enquiry, the period of absence from the removal till the date of reinstatement has not been taken into consideration by the respondent Corporation; and hence, he prays to set aside the impugned order and treat the said period for continuity of service. 4. On the other hand, learned Standing Counsel for the respondent Corporation contended that the petitioner was out of service for four years and that period cannot be taken for continuity of service; that however, the past service before removal can be tagged to the present service; and that there are no grounds to interfere with the impugned order. 5. Admittedly, the petitioner was removed from service by virtue of proceedings, dated 13.07.2007. Against the said proceedings, W.P.No.24688 of 2010 was filed. In pursuance of the orders of this Court in the said writ petition, those proceedings were set aside and the respondent Corporation was directed to reengage the petitioner into service. Accordingly, the petitioner was reengaged into service as a fresh Driver on 23.11.2010. Therefore, for more than three years i.e., from 13.07.2007 to 23.11.2010, the petitioner was out of service. So, when he has not worked during that period, the question of treating that period for continuity of service does not arise. However, the services of the petitioner prior to his termination can be taken for continuity of service. Therefore, it is directed that the service rendered by the petitioner before his termination, has to be taken for providing continuity of service for the purpose of regularization in the existing or future vacancies. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 27th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.21050 OF 2011 Date:27.07.2011 AMD