THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 4360 OF 2011 O R D E R: Heard Sri P. Venkateshwar Rao, learned counsel for the writ petitioner and Sri K. Madhava Reddy, learned Standing Counsel for the respondent Corporation. The writ petitioner was appointed as a driver on contractual basis by the respondent Andhra Pradesh State Road Transport Corporation on 28.04.2007 and he was attached to the bus depot at Gajuwaka in Visakhapatnam. It is stated that on 23.04.2008, after having completed his duty, while he was proceeding to his native place, Nakkapalli, on a motor cycle, with his wife and son, who was about 2 ½ years, met with an accident, in which, he and his son received grievous injuries. He was hospitalized. While undergoing treatment in the hospital, he sent a sick report for the period from 24.04.2008 to 31.05.2008, but unfortunately, as his son succumbed to the injuries on 01.07.2008, he could not attend to duties immediately after discharge from the hospital. On the ground of his unauthorized absence from 24.04.2008 up to 26.07.2008, the Depot Manager, based upon the report of the Assistant Manager (Traffic) of Gajuwaka Depot, passed orders on 26.07.2008, terminating his contractual engagement. In effect, the said order amounted to terminating the employment of the writ petitioner with the APSRTC. Subsequently, the writ petitioner preferred a review petition before the Regional Manager of the Corporation at Visakhapatnam, who entertained the same and passed orders on 18.01.2010, re-engaging the writ petitioner back as a driver and attached him to Simhachalam Depot. The grievance of the writ petitioner is that the Regional Manager, in spite of being satisfied that there are compelling reasons for the writ petitioner to stay away from duty, has proceeded to pass an order of re-engagement instead of reinstating him, duly setting aside the orders of the Depot Manager, dated 28.07.2008. By virtue of this re-engagement, ordered by the Regional Manager on 18.01.2010, the writ petitioner has lost the benefit of the past service rendered by him between 24.04.2007 and 26.07.2008. Hence, this Writ Petition. The Corporation itself has taken a policy decision not to cancel or terminate the contractual engagement of drivers or conductors, who remain absent from duty, without conducting enquiry into the matter. In the instant case, the Depot Manager, Gajuwaka has not adhered to these instructions issued by the Corporation. He has not conducted any enquiry whatsoever into the matter. He based his action of cancelling or terminating the contractual engagement of the writ petitioner on the report submitted by the Assistant Manager (Traffic), Gajuwaka, wherein it is reported that the writ petitioner remained absent unauthorizedly from duty from 24.04.2008 onwards. Further, it is elementary that there should be a minimum opportunity that should be provided before any order, which has penal consequences, is passed. In the instant case, if at least an opportunity is provided to the writ petitioner, perhaps, he would have demonstrated to the satisfaction of the Depot Manager, as to the reasons that compelled him to stay away from duty, inasmuch as he was a victim of a motor accident, in which, he received grievous injuries along with his tender- aged son, who, ultimately, succumbed to those injuries, on 01.07.2008. He could have therefore, legitimately demonstrated to the satisfaction of the Depot Manager that for factors and reasons beyond his control, he could not report to duty and carry on his duties all because of the grievous injuries sustained by him in a motor accident that occurred on 23.04.2008. Therefore, for the sheer failure on the part of the Depot Manager, Gajuwaka in terminating the contractual engagement of the writ petitioner, without adhering to the basic principles of natural justice, the order passed by the Depot Manager on 26.07.2008 ought to have been set aside by the Regional Manager, instead of ordering for reengagement of the writ petitioner. However, the fact remains that the writ petitioner has not preferred to avail the remedies available to him under law and he has not prosecuted the same diligently. Though his contractual engagement has been terminated, on 26.07.2008, he moved the Regional Manager, Visakhapatnam by filing a review petition only on 18.09.2009 i.e. more than one year later. Therefore, for the delay in his re-engagement, the petitioner has contributed quite liberally. Hence, he shall not be entitled to reap any benefits out of his own lack of diligence. Hence, I consider that it would be appropriate to modify the orders passed on 18.01.2010, by the 1st respondent Regional Manager, to be a case of ordering for re-engagement of the service of the writ petitioner on contractual basis, duly setting aside the orders passed on 26.07.2008 by the Depot Manager, Gajuwaka, without any monetary benefit flowing there from, in favour of the writ petitioner. In other words, the writ petitioner would be treated to have been reinducted into service on 18.01.2010 reviving the original contractual appointment which was terminated by the Depot Manager, Gajuwaka, on 26.07.2008. However, the petitioner will not be entitled to any benefit, monetary or otherwise, for the period commencing from 24.04.2008 onwards, the date from which he was not attending to duties till he reported back to duty in Simhachalam Depot, pursuant to the orders dated 18.01.2010, passed by the Regional Manager. This interregnum period will also not enure to any other benefits, such as terminal benefits or for purposes of reckoning the length of service for regularization, etcetera. However, the period of service rendered by the writ petitioner on contractual basis prior to 24.04.2008 shall be taken into account and consideration for all practical purposes, including for terminal benefits and for the purpose of regularization of his services. Hence, this Writ Petition is allowed, with the modification, to the extent indicated supra, of the orders passed by the Regional Manager of the APSRTC on 18.01.2010. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 23rd February 2011 ksld