THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 8367 OF 2011 Date: 29.03.2011 Between:- V.Syam Babu … Petitioner And The Divisional Manager, APSRTC and another … Respondents This Court made the following: THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 8367 OF 2011 O R D E R: The petitioner was appointed on contract basis as a Conductor on 26.07.2008. After some time, by an order dated 25.11.2008 passed by the Depot Manager, Cantonment Depot, he was terminated from service on the ground of continued absenteeism from 11.10.2008. No enquiry was conducted before the order of termination was passed, even though the Corporation took a policy decision to conduct an enquiry. Subsequently, against the order of termination, he preferred an appeal to the Divisional Manager, Secunderabad Division and the same was allowed on 12.12.2008, ordering his re-engagement as a conductor on contract basis. 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, in view of the failure of the Depot Manager to conduct an enquiry before he passed orders of termination. Following the same, the Writ Petition is allowed and the benefit of past service rendered by the writ petitioner prior to 11.10.2008 be counted for the purpose of regularization and terminal benefits. However, the petitioner shall not be entitled to any monetary benefits on account of the said benefit. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 29th March 2011 lmv