THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.2505 of 2014
ORDER:
This writ petition has been filed seeking a writ of mandamus declaring the action of the respondent No.2 in not ordering re-engagement with continuity of service of the petitioner as contract Driver is bad, arbitrary, illegal, unjust as the termination of the petitioner is against to procedure and violation of respondent Corporation circulars and consequently direct the respondents to treat the 2nd respondent proceedings dated 28.05.2012 as reinstatement of the petitioner as Driver with continuity of service, attendant benefits and with all consequential service benefits including regularisation.
Today, when this matter has been taken up for hearing, the learned Standing Counsel appearing for the respondents Corporation placed a copy of the order dated 15.03.2022 passed in W.A. No.183 of 2022 by the Division Bench of this Court and submitted that the subject matter of this writ petition is squarely covered by the said order. Taking into consideration said order, this writ petition may also be dismissed.
The grievance of the petitioner in this writ petition is that he was terminated and re-engaged him as Driver in the respondents Corporation as afresh Driver on contract basis without continuity of service and other benefits. Challenging the said order and seeking to NVSK, J 2 W.P. No.2505 of 2014 extend the benefit of continuity of service and other benefits, petitioner filed the present writ petition.
Having gone through the order dated 15.03.2022 passed in W.A. No.183 of 2022 by the Division Bench of this Court wherein the Division Bench while considering the judgment delivered by the Hon'ble Supreme Court in the case of Andhra Pradesh State Road Transport Corporation Vs. A.U.M.Rao and others1 denied the benefit of past service and the subject matter of this writ petition is squarely covered.
In that view of the matter, following the order dated 15.03.2022 passed in W.A. No.183 of 2022 by the Division Bench of this Court, this writ petition is dismissed. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any pending, shall stand closed.
________________________________ JUSTICE N.V. SHRAVAN KUMAR Date: 01.03.2023 LSK 1 (2019) 14 SCC 663