HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.8910 of 2010 Date: April 21, 2010 Between: P.P.K. Reddy, S/o. Ram Reddy, aged about 33 years, Contract Driver (C-11361), and 3 others … Petitioners And The Divisional Manager, APSRTC, Secunderabad Region, RBS, Secunderabad, And two others … Respondnets Order: Though the writ petition is initially filed by four petitioners, against whom common orders of termination from service are passed, subsequently, learned counsel representing on their behalf filed a memo, vide U.S.R.No.3417 of 2010, confining the writ petition only to the first petitioner. In view of the said memo, this writ petition is being disposed of confining to the claim of only the first petitioner. 2. The petitioner was appointed as a driver on contract basis in the A.P. State Road Transport Corporation in the year 2006. Though his appointment was made on contract basis, it is stated that regular selection procedure has been followed while making appointment. It is stated that as per the practice in vogue, employees who are appointed on contract basis are being absorbed into regular service as and when vacancies arise. While things stood thus, the services of the petitioner were terminated by the second respondent, Depot Manager, Cantonment Bus Depot, by proceedings dated 19-05-2007 on the alleged misconduct of unauthorized absence from 10-05-2007 to 19-05-2007. As against the said proceedings, the petitioner filed an appeal before the first respondent, Divisional Manager, APSRTC, Secunderabad Region, who, by proceedings dated 24-05-2007, ordered re-engagement of the services of the petitioner as contract driver and, further, instructed the petitioner to enter into contract service agreement. 3. It is the case of the petitioner that in view of the directions issued by the first respondent/appellate authority to enter into contract service agreement, he is losing seniority in the contract service. It is his grievance that though services of similarly situated contract employees are regularized, his services are not being regularized. 4. It is submitted by the learned counsel for the petitioner that the appellate authority ought to have allowed the appeal filed by the petitioner in entirety as the primary authority has issued the proceedings terminating the petitioner from service without conducting any enquiry and without notice. It is submitted that this court has allowed writ petitions, wherein similar relief is sought, and directed reinstatement of the petitioner therein and to extend to him all the benefits he is entitled to. A copy of one such order dated 12-04-2010, passed in W.P.No.8090 of 2010, is filed along with the material papers. 5. A perusal of the order of the primary authority would make it clear that no opportunity is given to the petitioner before passing the same. It is to be noticed that termination of the petitioner is not a termination simplicitor. When misconduct is alleged on the part of the petitioner, he ought to have been provided opportunity before passing the order of termination. It is to be seen that the appellate authority ordered re- engagement of the services of the petitioner and directed him to enter into service agreement afresh. 6. As much as the order of the primary authority is in violation of principles of natural justice and in view of the order dated 12-04-2010 passed by this court, in identical circumstances, in W.P.No.8090 of 2010, I allow this writ petition setting aside the order of the first respondent/appellate authority to the extent of directing the petitioner to enter into fresh contract service agreement. Further, the petitioner is entitled to continuity of service and all benefits of contract employment, which are extended to similarly placed contract employees. However, it is made clear that, if there is any misconduct on the part of the petitioner, this order will not preclude the respondents from conducting enquiry and passing appropriate orders in accordance with law. No order as to costs. ___________________________ (R. SUBHASH REDDY, J) April 21, 2010 MRR