This order addresses the termination of a contract driver without an enquiry. Relying on W.P.No.8090 of 2010, the court allowed the writ petition, granting reinstatement with continuity of service but denying monetary benefits for the period.
Writ petition allowed; petitioner entitled to reinstatement with continuity of service but no monetary benefits.
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.
THE HON’BLE SRI JUSTICE G.CHANDRAIAH
W.P.NO.31852 OF 2011
O R D E R
Heard both the counsel.
2. The petitioner was appointed as contract Driver on 14.12.2007 in the Andhra Pradesh State Road Transport Corporation at Hyderabad and that subsequently when he was working at Hakimpet Bus Depot, Hakimpet, on the allegations of unauthorized absence, he was terminated from service on 07.10.2009. On being unsuccessful in appeal, he filed review and the 1st respondent – Regional Manager, by order dated 25.07.2011 ordered for reinstatement as fresh contract Driver without any continuity of service. Aggrieved by the same, the present writ petition is filed.
3. From the material on record, it could be seen that before terminating the services of the petitioner, no enquiry was conducted. As no enquiry was conducted as per the Regulations, the allegation against the petitioner cannot be said to be proved in compliance with the principles of natural justice. In identical set of facts this court in W.P.No.8090 of 2010 dated 12.4.2010 held that the contractual employees, who are re-engaged on the orders of removal being set aside, are entitled to the benefit of past service.
4. Following the same, the present writ petition is allowed.
5. It is made clear that the petitioner shall be entitled to the benefit of continuity of service between the date of termination and the date of re-engagement. However, he shall not be entitled to any monetary or other benefits in pursuance of this order.
6. There shall be no order as to costs.
AVS --------------------------02—12—2011
2 issues framed by the court
Whether the petitioner is entitled to reinstatement with continuity of service after termination without an enquiry and subsequent re-engagement?
Whether the re-engagement without a formal enquiry violates principles of natural justice and regulations?
The Petitioner
Regional Manager
Justice G. Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
