THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 4803 OF 2011 O R D E R: This Writ Petition has been instituted by a contract driver, who has been recruited as such by the Andhra Pradesh State Road Transport Corporation (APSRTC), in April 2007. He has been attached to the depot at Banaganapalle. When he remained absent from duties from 18.03.2009 onwards unauthorizedly, the Depot Manager has proceeded against him as a measure of discipline. He has drawn a detailed charge sheet in that regard on 14.05.2009, based upon the report submitted by the Traffic Supervisor, Banaganapalle, on 29.04.2009. Though the writ petitioner received the charge memo on 25.05.2009, he kept quiet in the matter. He was informed that the Deputy Superintendent of the depot is conducting an enquiry into the matter, but yet, he did not turn out. Since there is no communication from the writ petitioner, the show cause notice, dated 02.07.2009 proposing to remove him from service was also exhibited on the notice board on 08.07.2009. Yet, there was no response from the writ petitioner. Hence, the Depot Manager passed a detailed order on 25.07.2009 terminating his contract of employment with immediate effect. Then the writ petitioner preferred an appeal only on 06.01.2010, which was rejected by the Deputy Chief Traffic Manager, Kurnool Region on 27.04.2010. Then he filed a review petition before the Regional Manager, Kurnool on 26.06.2010 which the Regional Manager has rejected on 14.09.2010. These proceedings gave rise to the present Writ Petition. Sri S.M. Subhan, learned counsel for the writ petitioner would submit that the writ petitioner has suffered a set back in his health at that point of time and hence, he attended to the District Headquarters Hospital, called Andhra Pradesh Vaidya Vidhan Parishad at Nandyal in Kurnool District. He attended the hospital from 17.03.2009 onwards regularly. In spite of receiving treatment, he could not recover in time for him to attend to his duties. The learned counsel submits that if there is a justifiable cause for the absence of a contract driver, such as, on medical grounds, the same should have been taken into account and consideration by the respondents. It does not amount to willful or unauthorized absence, but because of factors beyond ones control. As a casual driver till such time his services are regularized, he will not be entitled to any amount of leave and hence, the only mode for a casual driver, who is not keeping well, can do is to intimate his absence and stay away from duty. In such circumstances, according to the learned counsel, the misconduct should not be viewed in a mechanical fashion, but with necessary compassion with due regard to the facts and circumstances. Per contra, Smt. W.V.S.Rajeswari, learned Standing Counsel for the Corporation would submit that unauthorized absence of drivers causes any amount of operational difficulties for the Depot Managers. The services, to which the drivers are booked, when they do not turn up, it would cause a big problem for finding a suitable substitute at short notice. Sometimes, it may not be possible to secure the presence of an alternative driver at the depot at a short interval. Therefore, some other driver, who has already been booked to some other duty, will be diverted to attend to this duty and the net result would be some service or the other to be operated by the depot would either get delayed or even get cancelled causing not only loss of revenue but also disturbance and dislocation to the commuting public. Such acts on the part of the drivers ultimately result in the Corporation being projected very poorly in the public opinion. Having given my anxious consideration to the rival submissions, I find that the submissions made by the learned Standing Counsel are undoubtedly tenable contentions, but however, it must be remembered that even a casual driver can take ill. If he is not in a position to attend to his duties all because of illness, such a driver cannot be construed to have absented from duties for no fault or tenable reasons. Absence to duty is caused for factors beyond ones control in such cases. In the instant case, the writ petitioner has produced adequate material to vouch for his absence, inasmuch as he was receiving treatment at the District Headquarters Hospital at Nandyal during the relevant period of time. Therefore, this is one genuine case where the driver could not attend to his duties for certain justifiable reasons. Sri Subhan, learned counsel for the writ petitioner, is right in pointing out that for a casual driver, there will not be any approved leaves of absence available. He has to stay away from duty, if he is not well. He can only appeal to the Depot Manager for his sympathetic consideration of the factors, which caused him the difficulty to attend to the duties. Since I consider that if a driver is not keeping well, he should not be taken into duty even if he reports, as the public safety apart from the property of the Corporation itself will be at risk. Therefore, taking note of the fact that APSRTC is in need of the services of qualified drivers for operating its fleet, I direct the 2nd respondent, Regional Manager, APSRTC, Kurnool to take an appropriate decision in the matter, keeping in view the manpower requirements of drivers and in case, he is convinced that the services of a driver are needed either at Nandyal depot or any other depot in Kurnool district, he may pass suitable orders reengaging the services of the writ petitioner immediately. In such an event, the petitioner would be entitled to count the length of service rendered by him between April 2007 and 18.03.2009, from which date onwards, he was absent from duties, for the purpose of regularization and terminal benefits, but however, it was made abundantly clear that the writ petitioner would not be entitled to any benefit including counting the service from 18.03.2009 for notional purposes also. The Regional Manager is directed to pass appropriate orders within a period of 15 days from the date of receipt of a copy of this order. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 14th March 2011 Issue CC in one week. ksld