THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NOS.28308 AND 28309 OF 2011 COMMON ORDER The petitioners in these writ petitions are working as contract drivers in the respondent – Corporation. They were terminated from service by orders dated 21.11.2008 and 28.7.2007 respectively on the allegation of unauthorized absence. The petitioner in W.P.No.28308/2011 filed appeal and by order dated 12.1.2010, he was reinstated into service, without continuity of service. The appeal of the petitioner in W.P.No.28309/2011 was rejected and in the review, by order dated 22.7.2011, he was reinstated into service, without continuity of service. 2. The case of the petitioners is that they were terminated without conducting any enquiry and hence, the same is in violation of the principles of natural justice. Their grievance is that while ordering reinstatement, the Corporation has not granted continuity of service. Hence the present writ petition. 3. This court in similar facts and circumstances, in W.P.No.8090 of 2010 dated 12.4.2010 held that the contractual employees, who were re-engaged on the orders of removal being set aside, are entitled for the benefit of past service. 4. The Standing Counsel for the respondent – Corporation submitted that the petitioner in W.P.No.28309/2011 was terminated on 28.7.2007 and he preferred appeal in the year 2010 and hence there was delay. He stated that, the petitioner in the said writ petition cannot be granted continuity of service. 5. From the material on record, it could be seen that the termination of the petitioner was without framing any charge and without conducting any enquiry. Therefore, when the termination itself was in violation of the principles of natural justice, the delay on the part of the petitioner in filing appeal, cannot be taken advantage of by the Corporation. 6. Following the judgment of this court in W.P.No.8090 of 2010 dated 12.4.2010, the present writ petitions are allowed and it is directed that the petitioners shall be entitled to the benefit of service between the date of termination and the date of re-engagement. However, petitions shall not entitled to any monetary benefit on account of this relief. There shall be no order as to costs. AVS ------------------------------------- 03—11—2011