THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:29304 OF 2011 DATE:03.11.2011 BETWEEN M.KISTAIAH …PETITIONER AND THE REGIONAL MANAGER, APS RTC & ANOTHER …RESPONDENTS. THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:29304 OF 2011 ORDER: This writ petition is filed by the petitioner seeking for issuance of a writ of mandamus to declare the action of the 1st respondent in not ordering re engagement with continuity of his service as contract driver as bad, arbitrary, illegal, unjust and unreasonable and as against the principles of natural justice and the circulars of the Corporation and consequently to direct the respondents to treat the proceedings dated 19.5.2011 of the 1st respondent as that of his reinstatement as driver with continuity of service, attendant benefits and with all consequential service benefits including regularization. The case of the petitioner is that he was appointed as contract driver on 24.1.2007 through a regular selection process in Hyderabad city region and at present he is working in Hakimpet Bus Depot, Hyderabad. While he was performing his duties in the respondent- Corporation, he was terminated from service by the office order dated 11.12.2008 on the ground of involvement of fatal accident. Aggrieved by the same, he filed an appeal before the Divisional Manager, Sanathnagar Division and the same was rejected and on the review before the 1st respondent explaining the reasons for his non responsibility of the accident in question, the 1st respondent in turn considered the same and ordered for his re engagement by his proceedings dated 19.5.2011 as contract driver. The main grievance of the petitioner is that though he has been reinstated into service, but his case has not been considered by giving the continuity of service from the date of termination to the date of reinstatement. Therefore, he filed the present writ petition. At this stage, the learned counsel for the petitioner submits that the relief sought for by the petitioner is squarely covered by an unreported order of this Court in W.P.No:25553 of 2011, dated 15.9.2011. The writ petition in W.P.No:25553 of 2011 was filed by the petitioner therein seeking for issuance of writ of mandamus to declare the action of the 1st respondent in not ordering re engagement with continuity of service of the petitioner as contract driver as bad, arbitrary, illegal, unjust and unreasonable and as against the principles of natural justice and as against the circulars of the Corporation and consequently, to direct the respondents to treat the proceedings dated 25.11.2010 of the 1st respondent as that of his reinstatement as driver with continuity of service, attendant benefits and with all consequential service benefits. By order dated 15.9.2011, the said writ petition was disposed of as under: “Identical issue was dealt with by this Court in W.P.No:8090 of 2010. Through order, dated 12.4.2010, this Court held that the contractual employees, who are reengaged on the orders of removal being set aside, are entitled for the benefit of past service. Following the same, the writ petition is allowed and it is directed that the petitioner shall be entitled to the benefit of service between the date of termination and the date of re engagement. However, the petitioner shall not be entitled to any monetary benefits on account of this relief. There shall be no order as to costs.” There is also no dispute that the issue involved in this writ petition is squarely covered by the above order of this Court. In that view of the matter, this writ petition is allowed and consequently, it is directed that the petitioner shall be entitled to the benefit of service between the date of termination and the date of re engagement. However, the petitioner shall not be entitled to any monetary benefits on account of this relief. There shall be no order as to the costs. _____________________ Justice G.Chandraiah Gurc. Date:03.11.2011 THE HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO:29304 OF 2011 DATE:03.11.2011