THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.22402 OF 2014 Between:- Smt.T.Shashikala …Petitioner And Andhra Pradesh Tourism Development Corporation Limited, 3-5-891, Tourism House, Himayath Nagar, Hyderabad, Rep.by its Managing Director and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.22402 OF 2014 ORDER:
Heard Sri Nandigam Krishna Rao, learned counsel appearing for the petitioner and the learned Government Pleader for Tourism and Cultural Affairs appearing for the respondents.
This writ petition is filed seeking to issue a writ of mandamus, declaring the proceedings Rc.No.APTDC/Admn/P2/229/2002 issued by the 4th respondent dated 27-5-2009, removing the petitioner from service as General Helper, Grade-II and the consequential in action of the first respondent in not considering various appeals including the representation dated 23-7-2014 for reinstatement as illegal, arbitrary, unjust apart from violative of principles of natural justice and consequently set aside the termination order dated 27-5-2009 issued by the 4th respondent and direct the respondents to take back the petitioner into service as General Helper Grade-II with all service benefits including pay and allowance from the date of termination.
The petitioner was appointed as a General Helper Grade-II on consolidated monthly pay. Subsequently her services were converted to that of contract basis. The petitioner submits that as she fell sick, she applied leave for a period of three months and sent a leave letter. After recovery, she went to attend the duty, but she was not allowed to attend duty from 21-05-2009 on wards. However, she was allowed to attend duty and permitted to work for a period of more than 20 days. Subsequently, according to the petitioner, she was served with a termination order dated 27-5-2009 stating therein that she was terminated from service as she was un-authorisedly absent from duty from 13-02-2009. The version of the petitioner is that she applied for leave and her absence was not unauthorized.
The petitioner contends in the writ petition that she worked in the respondents organization for several years and terminating her services without any enquiry or notice is illegal and she questioned the action of respondents in the present writ petition praying for the aforesaid relief.
Obviously, prior to issuing the termination order, no notice was served on the petitioner. This Court in W.P.Nos.30326 of 2010, W.P.No.29980 of 2010 and W.P.No.1430 of 2011 held that even in case of contract employee, termination of services without issuing notice is illegal. The petitioner submits that she made several representations to the respondents to take her back to service, but they were not considered.
In the aforesaid circumstances, the respondents are directed to consider the representations of the petitioner in the light of the aforesaid judgments and take further steps in the matter in accordance with law.
The writ petition is accordingly disposed of at the stage of admission. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 07-08-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.22402 OF 2014 Date: 07-08-2014.
Shr.