THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.5183 OF 2011 O R D E R: The writ petitioner was engaged as a driver on contract basis by the Andhra Pradesh State Road Transport Corporation (APSRTC) in August, 2008. He was initially engaged in Kurnool Region. Subsequently, he was posted to Musheerabad Depot of Hyderabad Zone. After having worked for 14 months, because of a set back in his health he could not attend to duties from 06.10.2009 onwards. Therefore, the Depot Manager, Musheerabad Depot, ordered for enquiry to be conducted into his unauthorized absence and based upon the findings of the said enquiry, he passed an order on 18th March 2010 terminating the contract of employment of the petitioner. The petitioner preferred an appeal to the Divisional Manager, Charminar Division, on 27th August 2010 against the orders, dated 18.03.2010, of the Depot Manager, Musheerabad Depot. It is contended by him in his appeal that as he was suffering from Jaundice he could not stay at Hyderabad and he was away in his native village in Kurnool Region receiving treatment. As a consequence, he could not attend to duties. He could not also receive the communications of the enquiry ordered by the Depot Manager, Musheerabad Depot and in those unfortunate circumstances, he could not participate in that enquiry, or otherwise, he would have demonstrated to the satisfaction of the Depot Manager, Musheerabad that for valid and justifiable reasons alone he could not attend to duties. Be that as it may, the appeal said to have been preferred by the writ petitioner on 27th August, 2010 be entertained and decided by the Divisional Manager, Charminar Division of A.P.S.R.T.C., as expeditiously as possible, preferably within 30 days from the date of receipt of a copy of this order. The same may not be rejected only on the ground that it has been preferred beyond the limit for preferring such an appeal. Let it be dealt with on merits including the necessity to engage the services of the drivers on contract basis and also taking into account the fact situation that because of his health condition the writ petitioner could not render services though he worked without giving any scope for complaints for 14 months in Musheerabad Depot. In case, the Divisional Manager decides to re-engage the petitioner, he is required to be given the benefit of his past service rendered to the Corporation till 6th October 2009 i.e., the date from which it is alleged that he was absent. The benefit of past service would also be worked out for reckoning the service for purposes of regularization and terminal benefits, but not for any other benefit. Since the petitioner is to be blamed, he should not also be entitled to any benefits, monetary or otherwise for the period from 6th October 2009 onwards till such time he rejoins, in case he is re-engaged by the Divisional Manager. With the above directions and observations, the writ petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th March 2011 Note:- Issue C.C. in a week (B/O) bud