THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO.2092 of 2011 DATED: 04.02.2011 Between: Md. Nayeemuddin ….. Petitioner AND A.P.S.R.T.C. rep. by its VC & MD Musheerabad, Hyderabad and another ….Respondents O R D E R: The writ petitioner is engaged as a driver on contract basis and he rendered services as such nearly for two years, by the time the Depot Manager, Korutla, Karimnagar Nagar, passed orders terminating his contractual employment on 16.06.2009 on the ground that he was found absent from duties unauthorizedly from 14.06.2009 and caused dislocation to the services. Before passing the said termination order, no procedure whatsoever has been followed by the Depot Manager, and no notice or opportunity has been provided to the writ petitioner as to why the contract of his employment should not be terminated. It was also pointed out by the learned counsel for the petitioner that the Corporation itself has taken up a policy decision and circulated it amongst all the disciplinary authorities directing them not to terminate the contract of employment of such drivers without conducting an enquiry and providing them an opportunity to establish any defence for their absence. Since the second respondent-Depot Manager has not followed any procedure and also did not give any opportunity to the writ petitioner to put forth his defence for his absence for about three days, the order of termination passed by the second respondent is plainly and palpably illegal. Hence, the order dated 16.06.2009 passed by the second respondent is set aside. 30 days time is accorded to the respondents to reengage the writ petitioner but, however, the writ petitioner is not entitled to derive any benefit by way of claim for wages or salary for the period from 14.06.2009 till his eventual reengagement excepting that the services rendered by him prior to 14.06.2009 to the respondent- Corporation will be counted for purpose of regularization of services if and when such an exercise is undertaken by the Corporation and also for terminal benefits. Ms. Vijaya, learned Standing Counsel for Depot Manager, Korutla, has consented graciously for this order to be passed at the admission stage. Subject to the above observation, the Writ Petition is allowed at the admission stage. No costs. -------------------------------------- --- Nooty Ramamohana Rao, J 4th February 2011 bud