Allowed writ petition holding that a driver contractually re-engaged after removal order was set aside is entitled to continuity of service for the intervening period.
Directed the petitioner to be entitled to the benefit of service between the date of termination and the date of re-engagement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No. 24155 OF 2010.
DATED 29TH SEPTEMBER, 2010.
BETWEEEN
Sk.Chand Basha …Petitioner
And
The Regional Manager, APSRTC, Nellore and ors.
…..Respondents. HONOURABLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No. 24155 OF 2010.
ORDER:
The petitioner was appointed on contract basis, as Driver. After some time, he was removed from service on the ground of misconduct. 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 Writ Petition 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 29T H SEPTEMBER, 2010. Msnr.
1 issue framed by the court
Whether a re-engaged contractual employee is entitled to the benefit of continuity of service for the period between termination and re-engagement.
Colour shows how this judgement treated each authority
Writ Petition No. 8090 of 2010Followed¶13
Sk. Chand Basha
The Regional Manager, APSRTC, Nellore and ors.
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
