A contractual driver removed without enquiry was re-engaged; the court allowed the writ petition directing entitlement to benefit of past service between termination and re-engagement.
entitled to benefit of service between date of termination and date of re-engagement
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THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.24095 of 2010
ORDER:
The petitioner was appointed on contract basis, as Driver. After some time, he was removed from service on the ground that he remained unauthorisedly absent. No enquiry was conducted before the order of removal was passed. Subsequently, he came to be re-engaged on the basis of the orders passed by the appellate/revisional authority. 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.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
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.
Following the same, the writ petition is allowed and it is directed that the petitioner shall be entitled to the benefit of the service between the date of termination and the date of re-engagement. There shall be no order as to costs.
______________________________ JUSTICE L.NARASIMHA REDDY
28th September 2010 dr
1 issue framed by the court
Whether contractual driver re-engaged after removal is entitled to continuity of service benefit
Colour shows how this judgement treated each authority
W.P.No.8090 of 2010Referred
petitioner
respondents
L.Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
