B.Yadagiri v. The Divisional Manager, A.P.S.R.T.C., Hyderabad

… Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION No.2189 of 2012 ORDER: case, considered The petitioner was appointed as contract driver on 31-05-2006 through a regular selection process. Alleging that he was absent for his duties from 11-01-2009 to 09-02-2009, he was terminated from service. Later on, he preferred appeal. The appellate Authority however, ordered re-engagement afresh. The learned counsel for the petitioner submits that this case is covered by judgment of this Court in W.P.No.1445 of 2012 dated 24-01-2012. Sri C.Sunil Kumar Reddy, learned Standing Counsel for the respondents submits that the period during which the petitioner was absent for duty should be deleted from counting the total period of his service, so that the other employees who have been regularly working without any absenteeism will not be placed below the petitioner in preparing the seniority list. It appears that there is force in the contention of the learned standing counsel for the respondents. Having heard both the counsel, following the judgment of this Court in W.P.No.1445 of 2012 dated 24- 01-2012. this writ petition is allowed, holding that the petitioner shall be entitled to the benefit of continuity of service between the date of termination and the date of re- engagement only for the purpose of regularization. However, he shall not be entitled to any monetary or other benefits in pursuance of this order. Though the benefit of continuity of service between the period of termination and re-engagement should be given to the petitioner, but the actual period of absenteeism, i.e. days on which the petitioner was absent should be deducted from the total number of working days put up by the petitioner, while preparing the seniority list. No order as to costs. ____________________ B. CHANDRA KUMAR, J. Dated 31-01-2012. Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR WRIT PETITION No.2189 of 2012 Dated 31-01-2012 Dvs