HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.26881 of 2012

Date: August 29, 2012

Between: Sd. Muniruddin … Petitioner

And

1. The A.P. S.R.T.C., rep. by its VC & MD, Hyderabad & another … Respondents

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HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.26881 of 2012

O R D E R:

The petitioner, a contract Conductor in the service of the Andhra Pradesh State Road Transport Corporation (APSRTC), was terminated from service on the ground of unauthorised absence. The order of termination is dated 06.6.2009. The present writ petition is filed challenging the said termination on the ground that it is violative of the principles of natural justice and the APSRTC's circulars.

2. The matter is no longer res integra in the light of the various judgments passed by this Court in similar matters. A copy of the order dated 29.02.2012 passed by my learned brother Justice Vilas V. Afzulpurkar in W.P. No.2786 of 2012 and batch is placed before me. In terms of clause 4 of the directions passed in the said order the petitioner herein would be entitled to be considered for re-engagement as a fresh contract employee. Clause 4 reads as under:

"In cases where appeals/revisions or writ petitions are filed after three years of the orders of termination, it is directed that such petitioner/s shall be considered for reengagement as fresh contract employee/s, subject to medical fitness and other formalities, but he/they shall not be entitled to continuity of past service as under para (1) above."

3. The writ petition is accordingly disposed of directing the respondents to consider the petitioner for re-engagement as a fresh contract employee subject to medical fitness and other formalities without continuity of past service. W.P.M.P. No.34228 of 2012 shall stand dismissed in the light of this order. No order as to costs.

SANJAY KUMAR, J.

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Date: August 29, 2012. BSB

HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.26881 of 2012

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<u>BSB</u>