THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.12333 of 2010 Date: 02.06.2010 Between : S. Fakruddin … Petitioner And The Vice-Chairman and Managing Director, A.P.S.R.T.C., Musheerabad, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.12333 of 2010 ORDER: Heard learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondent-A.P. State Road Transport Corporation (for brevity “the Corporation”). 2. This writ petition is filed seeking Mandamus declaring the proceedings No.P1/1(35)/2008-KDG, dated 19.4.2008, issued by the 3rd respondent and as confirmed in proceedings No.PA/675(72)/2008-RM-A, dated 11.6.2008, issued by the 2nd respondent as arbitrary and illegal and consequently direct the respondents to continue the petitioner as Driver in the respondent- Corporation by extending all the benefits on par with other similarly situated employees of the Corporation. 3. The petitioner was appointed as Driver on contract basis in the respondent-Corporation. It is stated that though the appointment was given on contract basis, the same was made after following the due selection process as per the Recruitment Regulations of the Corporation. It is stated that as per the practice in vogue, at the first instance, the appointments will be made on contract basis and as and when vacancies arise, such appointees will be absorbed in the said regular vacancies. 4. It is the grievance of the petitioner that while the petitioner was discharging his duties as Driver on contract basis, by proceedings dated 19.4.2008, issued by the 3rd respondent his services were terminated on the ground that he remained unauthorisedly absent for his duties from 24.3.2008 to 19.4.2008 and also on the ground that he was irregular for his duties. When the petitioner questioned the said order of termination before the 2nd respondent, who is the appellate authority, the said appellate authority also confirmed the order of the primary authority by proceedings dated 11.6.2008. Aggrieved by the same, the petitioner has filed the present writ petition. 5. Learned counsel for the petitioner submits that though the allegations are made attaching stigma on the career of the petitioner, no enquiry was conducted and no notice has been issued to the petitioner before passing the order of termination. It is also contended that even the appellate authority also did not consider the case of the petitioner in proper perspective. 6. Learned counsel for the petitioner further submits that the subject matter is covered by a judgment of this Court passed in W.P.No.5998 of 2009, dated 23.3.2009, wherein under identical circumstances, the writ petition was allowed setting aside the termination order passed therein. 7. Learned Standing Counsel for the Corporation also agrees that the subject matter is covered by the above said judgment of this Court and requested to dispose of the present writ petition on similar lines. 8. I have perused the impugned order of termination passed by the 3rd respondent and also the order passed by the 2nd respondent-appellate authority. Though the allegation is made to the effect that the petitioner remained unauthorisedly absent from duties, no enquiry was conducted and no notice was issued to the petitioner by giving opportunity to put-forth his case. 9. In that view of the matter, following the order dated 23.3.2009, passed by this Court in W.P.No.5998 of 2009, this writ petition is allowed, at the stage of admission, setting aside the termination order dated 19.4.2008 passed by the 3rd respondent and also the confirmation order, dated 11.6.2008, passed by the 2nd respondent and the respondents are directed to reinstate the petitioner as Driver on contract basis and extend all the benefits, which were extended to other similarly situated employees. However, it is made clear that if there is any unauthorized absent by the petitioner, this order will not preclude the respondents to take necessary action in accordance with law. There shall be no order as to costs. _______________________________ JUSTICE R.SUBHASH REDDY 02.06.2010. Msr THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.12333 of 2010 02.06.2010 (Msr)