HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.4384 of 2011 Date: February 23, 2011 Between: M. Babaiah … Petitioner And 1. The Regional Manager, APSRTC, Secunderabad Region, JBS, Picket, Secunderabad & another. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.4384 of 2011 ORDER: The petitioner was appointed on contract basis, as Driver in March 2006. Subsequently the Depot Manager, Cantonment Depot, passed orders on 19th May 2007 terminating the contract of the engagement on the ground that the writ petitioner was absent from duties unauthorizedly from 13th March 2007 onwards. Against the orders of the Depot Manager terminating his engagement the writ petitioner preferred an appeal to the Divisional Manager, Secunderabad which was rejected on 03.4.2010 and thereafter he approached the Regional manager with a revision petition on 05.4.2010, which was allowed by the Regional Manager, Secunderabad Region on 26th September 2010 setting aside the orders of the Depot Manager. Since the writ petitioner is not diligent enough in prosecuting the remedies available to him under law, he shall not take any benefit out of the same. 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 13.3.2007, 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 26.9.2010, the date on which the Regional Manager allowed his appeal and ordered for re- engagement. Thus, the previous service will not be taken into account for consideration for the purpose of terminal benefits as well as for according regularization of services. He shall not be entitled to any benefit monetary or otherwise for the period between 13th March 2007 and 26th September 2010. 5. To the extent indicated supra, the writ petition is allowed. No costs. _______________________________ NOOTY RAMAMOHANA RAO, J Date: February 23, 2011. BSB