THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.26492 of 2011 ORDER: The petitioner was engaged as Driver in the A.P.S.R.T.C., on contract basis, on 19-10-2007. His services were regularized with effect from 01-09-2010. Shortly thereafter, his services were terminated by the 3rd respondent, through order dated 20-12-2010, on the ground that he drove the vehicle in a negligent manner, leading to an accident. In the appeal preferred by the petitioner, the 2nd respondent has set aside the order of termination, and directed that he be re-engaged as contract driver, afresh; through proceedings dated 08-04-2011. The petitioner feels aggrieved by the denial of relief of continuity of service. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. It is no doubt true that a charge-sheet was issued, and enquiry was conducted, before the 3rd respondent terminated the services of the petitioner. All the same, the 2nd respondent found that the charges against the petitioner are not so serious, as to warrant termination. He directed re-engagement of the petitioner as contract driver, afresh. As a matter of fact, such a punishment is not provided for, under the Regulations. The services of the petitioner were regularized before he was terminated. This Court is of the view that the petitioner deserves to be extended the benefit of past service, though without backwages, by excluding the period during which, he was out of service. Hence, the writ petition is partly allowed, directing that the petitioner shall be entitled to count his past service, excluding the period between the date of termination and the date of reinstatement, for the purpose of pension, increments and other service benefits, but without any backwages. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.21-09-2011. KO