THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12200 of 2010 Date: 01-6-2010 Between G.Jayalaxmi … Petitioner and The Divisional Manager, APSRTC, Hyderabad Division, CBS, Gowliguda, Hyderabad and 2 others … Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12200 of 2010 Order: Heard the learned counsel for the petitioner and Sri K.Madhav Reddy, learned Standing Counsel for the Andhra Pradesh State Road Transport Corporation. 2. As it is submitted by the learned counsel for the parties that the subject matter of this writ petition is covered by the judgment of this court in W.P.No.8090 of 2010, dated 12-4-2010, this writ petition is disposed of at the stage of admission. 3. In this writ petition, the petitioner seeks directions by way of mandamus to declare the action of respondent No.1 in not ordering re- engagement with continuity of service of the petitioner, as contract conductor is illegal and arbitrary. 4. The petitioner was appointed as a conductor in the service of the Corporation on contract basis. It is submitted that though the appointment was made on contract basis, while regularizing the services of contract conductors, a procedure has been followed in making selections to the posts of conductors. When the petitioner was working as a conductor on contract basis, she was terminated by an order dated 31-5-2008 passed in Proceedings No.P1/255(7)/2008- MDN on the ground that she was unauthorizedly absent from duties for the period from 03-3-2008 to 31-5-2008. As against the order of termination, the petitioner has preferred representation/appeal before the Divisional Manager, who has ordered to re-engage the service of the petitioner. 5. In this writ petition, it is the grievance of the petitioner that the respondents are preparing a list of contract conductors for the purpose of absorption into services of the Corporation, but the petitioner is not given the benefit of continuity of service. It is submitted that as the allegation of ‘unauthorized absence’ is made against the petitioner, which was made basis for terminating the service of the petitioner, unless an enquiry is conducted on the aforesaid allegation, no order of termination could have been made. It is submitted that even the appellate authority, instead of allowing the appeal as prayed for, has ordered re-engagement by virtue of which, the petitioner is sought to be deprived of the seniority in the category of contract conductors. 6. In a batch of writ petitions, this Court has considered and ordered to extend the benefit of continuity of service. One such order is placed on record, which was passed by this Court in W.P.No.8090 of 2010. From a perusal of the order of termination, in this case also, it appears, no notice was given to the petitioner. Though the petitioner was appointed on contract basis, it is not a termination simplicitor, but the termination is based on the allegation of absenteeism. In which event, the authorities ought to have conducted an enquiry in the aforesaid allegations before ordering termination of services. As much as the petitioner is already re-engaged into services by virtue of the orders of the appellate authority dated 14-7-2008 passed in Proceedings No.ST/19(85)/2008-DVM:HD and further in view of the judgment of this Court in W.P.No.8090 of 2010, dated 12-4-2010, I deem it appropriate to dispose of the writ petition directing the respondents to give the benefit of seniority to the petitioner from the date of her initial engagement as a contract conductor for the purpose of absorption and other benefits. 7. It is needless to mention that the petitioner is entitled to all the benefits, which were extended to the similarly appointed candidates along with the petitioner. It is also made clear that the petitioner is not entitled for any monetary benefits. If any misconduct is found on the part of the petitioner, it is also open for the respondents to take steps in accordance with law. 8. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________________ JUSTICE R.SUBHASH REDDY 01st June, 2010. Ak THE HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.12200 of 2010 01st June, 2010.