IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19435 OF 2011 Date:12-07-2011 Between:- G.S. Rao .. Petitioner A N D The Deputy Chief Traffic Manager, APSRTC, West Godavari Region at Eluru, A.P. and another .. Respondents ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of the first respondent in not ordering re-engagement with continuity of service of the petitioner as contract Driver as arbitrary and illegal and consequently direct the respondents to treat the first respondent’s proceedings, dated 28-03-2011, as re-instatement of the petitioner as Driver with continuity of service, attendant benefits and with all consequential service benefits including regularisation. 2. The writ petitioner has been appointed in the year 2005 as a contract Driver in the Andhra Pradesh State Road Transport Corporation (for short ‘the Corporation’) in West Godavari region and at present he is working in Tadepalligudem Bus Depot, West Godavari district. While he was performing as such in the Corporation, his services were terminated by the Depot Manager, Tanuku Depot vide proceedings dated 27-12-2010 on the allegation of causing fatal accident to the vehicle bearing No.AP-11-Z-9877 on the route Tanuku-Narsapuram. Therefore, he filed an appeal before the first respondent-Deputy Chief Traffic Manager explaining that the allegations made against him are false. The said appeal was considered and the first respondent ordered for his re-engagement by proceedings, dated 28-03-2011, as contract Driver. In pursuance of the same, he was reinstated into service and he is performing his duties as usual. But, while issuing orders of re-engagement, the respondents did not extend the benefit of continuity of service and hence, the petitioner’s name was not shown in the list of candidates for regularisation. Hence, the writ petition. 3. In the similar facts and circumstances, this Court by order, dated 04-03-2011, in W.P.No.5365 of 2011, allowed the writ petition with a direction to the respondents therein that the petitioner therein shall be entitled to the benefit of the service between the date of termination and the date of re-engagement only for the purposes of regularisation in existing or future vacancies; that, however, the petitioner therein shall not be entitled to any monetary benefits on account of the said benefit. 4. Following the same, this Writ Petition is allowed. There shall be no order as to costs. ______________________ JUSTICE K.C. BHANU July 12, 2011. Pn THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.19435 OF 2011 July 12, 2011 Pn