HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.12923 of 2010 Date: June 9, 2010 Between: B. Ravi Kumar, C.7733, Driver, S/o.Pullanna, 37 years, R/o.Molagalli Post, Alur Mandal, Kurnool District … Petitioner And The APSRTC, represented by its Managing Director, Musheerabad, Hyderabad, and another … Respondents Order: In this writ petition, proceedings No.P2/1(12)/2008 Adoni, dated 31-12-2008, issued by the second respondent, Depot Manager, APSRTC, Adoni Depot, Kurnool District, terminating the services of the petitioner herein, is questioned. The petitioner was appointed in the respondents- Corporation as Driver on contract basis in the month of April, 2007 and posted at Adoni Depot. Though his appointment was made on contract basis, it is stated that regular selection procedure has been followed and as per the practice in vogue, employees who are appointed on contract basis are being absorbed into regular service as and when vacancies arise. On the ground that the petitioner was unauthorizedly absent to duties, his services were terminated by the impugned proceedings. It is stated that though he was appointed on contract basis, selections have been made by following the process contemplated for selection of candidates into regular service of the Corporation. It is the case of the petitioner that as much as his services were terminated, by alleging misconduct on his part, it was not open to the respondents to have done so, without conducting any enquiry and without issuing any notice to him. Learned counsel for the petitioner has placed reliance on a judgment of this court passed in W.P.No.8846 of 2010, which was allowed by order dated 20-04-2010, in identical circumstances, based on an earlier judgment of this court passed in W.P.No.5998 of 2009. In the said judgment, when the services of a contract employee were terminated without conducting any enquiry, this court set aside the order of termination of the petitioner therein and ordered reinstatement. Learned standing counsel appearing for the respondent-Corporation admitted that similar writ petitions are allowed by this court reserving liberty to the Corporation to conduct enquiry into the alleged misconduct. I have perused a copy of the impugned proceedings, whereby the services of the petitioner are terminated. The said termination not a termination simplicitor. By the impugned proceedings, misconduct is attributed to the petitioner; namely that he was absent to duties unauthorizedly. When such is the case, the respondents ought not to have terminated the services of the petitioner without conducting enquiry and putting him on notice. For the aforesaid reasons and also in view of the order dated 20-04-2010 passed by this court in W.P.No.8846 of 2010, this writ petition is allowed and proceedings No.P2/1(12)/2008 Adoni, dated 31-12-2008, issued by the second respondent, Depot Manager, APSRTC, Adoni Depot, Kurnool District is set aside. Further, there shall be a direction to the respondents to reinstate the petitioner into service as Driver on contract basis, subject to clearance by the medical department, after conducting necessary tests. It is made clear that the petitioner is entitled to seniority from the date of his initial appointment as Driver, but he is not entitled to any monetary benefits. However, if there is any misconduct on the part of the petitioner, this order will not preclude the respondents from taking necessary action against him in accordance with law. No order as to costs. ______________________ (R. SUBHASH REDDY, J) June 9, 2010 MRR