THE HON'BLE SRI JUSTICE K.C.BHANU Writ Petition No.19873 OF 2011 ORDER: 1 This Writ Petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of mandamus declaring the action of the first respondent in not ordering re-engagement with continuity of service of the petitioner as contract Conductor as arbitrary and illegal and consequently direct the respondents to treat the first respondent’s proceedings dated 23.09.2009 as re-instatement of the petitioner as conductor with continuity of service, attendant benefits and with all consequential service benefits including regularization. 2 The petitioner was engaged as Conductor, on contractual basis, in the month of November 2008. He joined the service and was being entrusted with the duties. On the ground that he remained absent unauthorizedly the second respondent by his office order dated 09.06.2009 terminated the petitioner from service. Petitioner challenged the same by way of appeal before the first respondent herein explaining the various reasons for his absenteeism and the first respondent considered his case and ordered for his re-engagement by his proceedings dated 23.09.2009 as fresh contract conductor. However, while issuing orders of re-engagement, the first respondent did not extend the benefit of continuity of service and hence the petitioner’s name was not shown in the list of candidates for regularization. Hence the present Writ Petition. 3 In the similar facts and circumstances, this court by order dated 04.03.2011, in W.P.No.5365 of 2011, allowed the Writ Petition with a direction to the respondents therein that the petitioner therein shall be entitled to the benefit of the service between the date of termination and the date of re- engagement only for the purposes of regularization; however, the petitioner therein shall not be entitled to any monetary benefits on account of the said benefit. 4 Following the same, this Writ Petition is allowed and it is directed that the petitioner shall be entitled to the benefit of continuity of service between the date of termination and the date of re-engagement, only for the purposes of regularization in the existing or future vacancies; that, however, the petitioner shall not be entitled to any monetary benefits or other benefits in pursuance of this order. There shall be no order as to costs. _______________ K.C. BHANU, J 15.07.2011 Kvsn