Md. Nazeer, S/O. Kasim Saab, vs The Vicechairman Managing ...
2023 Latest Caselaw 1026 Tel

      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

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

(2019) 14 SCC 663