HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.6385 OF 2011 Date: 14-03-2011 Between: Kabir ……. Petitioner and Andhra Pradesh State Road Transport Corporation and others ………. Respondents HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.6385 OF 2011 ORDER: The petitioner was appointed on contract basis as a driver. After some time, by an order dated 05.10.2009 passed by the Depot Manager, A.P.S.R.T.C., Guntur-II Depot, he was terminated from service on the ground of misconduct of unauthorised absence from 24-03-2009 onwards. An enquiry was conducted without following any due process of law by holding that he was guilty of the charge. Subsequently, against the order of termination, he preferred an appeal to the Deputy Chief Traffic Manager, Guntur. The Deputy Chief Traffic Manager, Guntur, ordered his re-engagement by proceedings, dated 23.01.2010 as a contract driver afresh. The grievance of the writ petitioner is that while issuing orders of re- engagement, the respondents did not extend the benefit of continuity of service. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Identical issue was dealt with by this Court in W.P. No.8090 of 2010. Through order dated 12.04.2010, this Court held that the contractual employees, who are re-engaged on the orders of removal being set aside, are entitled to the benefit of past service. Following the same, the Writ Petition is allowed and it is also directed that the petitioner shall be entitled to the prior service, which has to be counted for purposes of regularization and terminal benefits. However, the petitioner will not be entitled to any benefits either monetary or otherwise for the period from 24.03.2009 to till his re-engagement. No costs. --------------------------------- (NOOTY RAMAMOHANA RAO, J) 14th March 2011 YCR