Allowed writ petition at admission stage setting aside termination of a contract conductor without notice or enquiry, ordering reinstatement without backwages, keeping open a future enquiry possibility.
Reinstatement into service with continuity of service; no backwages or attendant benefits granted.
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IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND ELEVEN
PRESENT
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
W.P. No.34374 of 2011
Between: Md.Akthar … Petitioner and The Vice Chairman and Managing Director, APSRTC., Musheerabad, Hyderabad and another. … Respondents
THE HONOURABLE SRI JUSTICE G.CHANDRAIAH
W.P. No.34374 of 2011
ORDER:
Questioning the order dated 11.04.2008, terminating the petitioner from service on the ground of absenteeism, the petitioner filed the present writ petition on the ground that before passing the order of termination, no notice and no enquiry was conducted and it is also the ground that though the petitioner is working as contract Conductor, the authorities shall have to follow the due process of law while terminating the services of the contract employee.
The learned counsel for the petitioner submitted that the relief sought for in this writ petition is squarely covered by the order dated 14.06.2010 passed in W.P. No.13219 of 2010. Therefore, the similar order may be passed.
On the other hand, the learned standing counsel for the respondents Corporation does not dispute the submission made by the learned counsel for the petitioner.
Hence, following the order dated 14.06.2010 passed in W.P. No.13219 of 2010, this writ petition is allowed, at the admission stage, setting aside the termination order dated 11.04.2008 passed by the 2nd respondent, Depot Manager, and the respondents are directed to reinstate the petitioner into service with continuity of service. However, in the facts and circumstances of the case, the petitioner is not entitled to backwages and attendant benefits. Further, it is made clear that if there is any misconduct on the
part of the petitioner, this order will not preclude the respondents from conducting enquiry and passing appropriate orders, in accordance with law.
With the above direction, this writ petition is allowed. There shall be no order as to costs.
3 issues framed by the court
Whether a contract employee is entitled to termination without notice and enquiry.
Whether a writ petition allowing reinstatement must include backwages.
Whether the court can pass a similar order citing a prior judgment with a reserved caveat on misconduct.
Colour shows how this judgement treated each authority
W.P. No.13219 of 2010Followed¶11
Md.Akthar
The Vice Chairman and Managing Director, APSRTC.
Depot Manager
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
