HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.4378 of 2011 Date: February 23, 2011 Between: L.S.Rao … Petitioner And 1. The Regional Manager, APSRTC, Visakhapatnam Region, Dwaraka Bus Station, Visakhapatnam & another. … Respondents * * * HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.4378 of 2011 ORDER: The petitioner was appointed on contract basis, as Driver on 06.5.2006. He was removed from service on the ground of continuous absenteeism, on 15.01.2009. No enquiry was conducted before the order of removal was passed. Subsequently, the petitioner came to be re-engaged on the basis of the orders passed by the Reviewing authority on 21.07.2010. 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 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. The writ petitioner is guilty of not pursuing the matter diligently. He preferred the review petition only on 20th May 2010. Entertaining the same, the Regional Manager promptly passed the orders on 21st July 2010. Therefore, the writ petitioner shall not be entitled to take advantage of his own lack of diligence in pursuing the remedies available to him. But however, the service rendered by the writ petitioner prior to 25.11.2008, the date from which he was reported to be unauthorizedly absent from service shall be reckoned and taken into account and consideration for the purpose of according terminal benefits as well as for the purpose of regularizing his services. Therefore, the writ petitioner is entitled to reckon the service rendered by him between 06th May 2006 up to 25th November 2008 and thereafter from 21st July 2010 when he reported to duty pursuant to the orders of the Regional Manager. The writ petitioner shall not be entitled to any benefit either monetary or otherwise for the period between 25.11.2008 up to the order of the Regional Manager dated 21st July 2010. 5. The writ petition is accordingly allowed. There shall be no order as to costs. _______________________________ NOOTY RAMAMOHANA RAO, J Date: February 23, 2011. BSB