HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.419 of 2011 Date: January 19, 2011 Between: K. Ramalinga Reddy … Petitioner And 1. The Regional Manager, A.P.S.R.T.C, Anantapur Region, Anantapur & another. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.419 of 2011 ORDER: The writ petitioner was engaged on contract basis as a driver by the Andhra Pradesh State Road Transport Corporation on 20th January 2007 after he is selected by a selection committee constituted for the said purpose. On 12th May 2008 the Depot Manager Kalyandurg Depot in Anantapur District passed an order terminating his contract of employment with immediate effect. 2. It is alleged that the writ petitioner was absent to duties unauthorisedly from 26th April 2008 onwards and thus caused dislocation to the operations of the Corporation which resulted in inconvenience to the commuting passenger public as well as causing loss of revenue to the Corporation. 3. It is noteworthy that the Depot Manager has not chosen to follow any procedure prior to passing this order nor did he adhere to the principles of natural justice by affording an opportunity of hearing to the petitioner. In fact, the Corporation has taken a policy decision not to terminate the services of the contract drivers, for their unauthorized absence without conducting an enquiry. 4. Since the second respondent-Depot Manager has passed the orders in violation of the basic principles of natural justice and that he has failed to afford even an opportunity of hearing to the petitioner prior to passing the impugned order, the order deserves to be set aside. The respondents are at liberty to re-engage the services of the writ petitioner. Similarly they are also at liberty to proceed against the petitioner in accordance with law if they consider that the misconduct committed by him, if any, deserves to be so proceed against. Since the petitioner himself was responsible for approaching this Court more than 2 ½ years after the impugned order is passed, it is only appropriate that it should be declared that he is not entitled for any monetary benefits arising out of such setting aside of the order passed on 12th May 2008. However, upon re-engagement, past service rendered by the petitioner prior to 12th May 2008 will be given benefit and it will be taken into reckoning for affording terminal benefits or for the purpose of reckoning qualifying service for regularization of services. The petitioner will not be entitled to any other benefits. Appropriate consequential orders should be passed within 30 (thirty) days from the date of receipt of a copy of this order. 5. The writ petition is disposed of accordingly at the admission stage with the consent of the learned standing counsel as it will be wholly unproductive to keep the writ petition pending any further. No costs. ________________________________ NOOTY RAMAMOHANA RAO, J Date: January 19, 2011. BSB