HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.32241 of 2010 Date: February 23, 2011 Between: J. Venkatesh … Petitioner And 1. The Depot Manager, APSRTC, Tandur Depot, Ranga Reddy District & another. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.32241 of 2010 ORDER: The petitioner was appointed on contract basis, as Driver in the year 2005. Subsequently the Depot Manager, Tandur Depot, passed orders on 17.12.2008 terminating the contract of the engagement on the ground that the writ petitioner was absent from duties unauthorizedly from 15th September 2008 onwards. Against the orders of the Depot Manager terminating his engagement the writ petitioner preferred an appeal on 25.5.2009, which was allowed by the Regional Manager, Ranga Reddy District taking a lenient view and on humanitarian grounds ordered for re- engagement. Since the Depot Manager has not followed any procedure, whatsoever, prior to his orders passed on 17.12.2008, the Regional Manager ought to have set aside the said proceedings. The limited grievance of the petitioner is that while issuing orders of re-engagement, the respondents did not extend the benefit of continuity of service. 2. Heard learned counsel for the petitioner and learned standing counsel for the respondents. 3. 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 for the benefit of past service. 4. Following the same, the writ petition is allowed and it is directed that the petitioner shall be entitled to count the services rendered by him prior to 15.9.2008, the date from which he was said to be absenting to duties for the purpose of terminal benefits as well as for regularization of his services and he is also entitled to count the services rendered by him after 25.6.2009, the date on which the Regional Manager allowed his appeal and ordered for re- engagement. The interregnum period between 15.9.2008 up to 25.6.2009 will not enure to any benefit including monetary benefits to the petitioner. His previous service and post 25th June 2009 will be counted for the purpose of regularization as well as terminal benefits. 5. To the extent indicated supra, the writ petition is allowed. No costs. _______________________________ NOOTY RAMAMOHANA RAO, J Date: February 23, 2011. BSB