THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 18854 OF 2014 Between:-
P.Mallaiah And …Petitioner Andhra Pradesh State Road Transport Corporation, Rep.by its Vice Chairman and Managing Director, Musheerabad, Hyderabad and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 18854 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, declaring the letter No.L4/785(28)/2011-GHZ, dated 31-3-2011 of the 2nd respondent in denying the continuity of service and other benefits as illegal, arbitrary and contrary to Law and judgments of this Court and set aside the same in so far it is against to the petitioner and further direct the respondents to grant continuity of service for the purpose of regularization on par with the petitioner’s batch mates with all attendant benefits.
The petitioner was appointed as a contract driver in the respondent-corporation in the year 2006. He was terminated from service on 10-11-2008 on the ground of absentism. However, the termination order was passed without serving any charge sheet on the petitioner and without conducting any enquiry. After exhausting the remedies before the Department and being unsuccessful, the petitioner filed W.P.No.2887 of 2011 against the order of termination passed against him. The learned Single Judge of this Court by order dated 11-02-2011, considering the fact that the termination order was passed without following the principles of natural justice, set aside the same and directed re-instatement of the petitioner without any back wages or other monetary benefits, giving liberty to the respondents to initiate disciplinary action against the petitioner in accordance with law.
The learned counsel appearing for the petitioner submits that no disciplinary proceedings have been initiated against the petitioner.
In similar circumstances and on identical facts, the learned Single Judge of this Court in W.P.No.1553 of 2012 held that since the petitioner was reinstated into service, continuity of service can be given to him only for the purpose of regularization without any monetary or other benefits. Since the aforesaid Judgment was rendered with reference to the identical facts, the said Judgment squarely applies to the facts of the present case.
Consequently, the writ petition is allowed. The respondents are directed to extend the benefit of continuity of service to the petitioner only for the purpose of regularization without any monetary benefit. However, the actual period of absentism i.e., the days during which the petitioner was absent should be deducted from the total number of working days put up by the petitioner while preparing the seniority list. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 08-07-2014 Shr THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO. 18854 OF 2014 Date: 08-07-2014 Shr.