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2018 Supreme(SC) 1822

D.Y.CHANDRACHUD, M.R.SHAH
APSRTC Rep. By Its Chairman And Managing Director Mushirabad – Appellant
Versus
A. U. M. Rao – Respondent


Advocates Appeared:
Gourab Banerji, Sr. Adv., Sriharsha Peechara, Arjun Krishnan, Ashish Tiwari, Ms. Manisha Singh, Ms. Raka, C. S. N. Mohan Rao, Advocates, For the Appellants; Tanmaya Agarwal, A.N. Arora, Raj Kishor Choudhary, Advocates.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J. - Civil Appeal No. 12011 of 2018 Leave granted.

This appeal arises from a judgment and order dated 25 April 2013 of the Division Bench of the High Court of Judicature of Andhra Pradesh in Writ Appeal No.1665 of 2012.

2. By its judgment, the Division Bench affirmed the correctness of an order dated 04 September 2012 of a learned Single Judge.

3. The facts lie in a narrow compass.

4. In February, 2007, the respondent was appointed as a driver on contract, after undergoing a process of selection. He was working in the Waltair Depot in the district of Visakhapatnam with the appellant.

5. A disciplinary enquiry was held against the workman. Following the report of the Enquiry Officer, his services came to be terminated. After the dismissal of a departmental appeal, and in the course of a departmental review, the Regional Manager issued an order for the re-engagement of the respondent on contract on 3 February 2012. After his re-engagement, the respondent invoked the jurisdiction of the High Court under Article 226 of the Constitution of India and prayed for continuity of service together with consequential service benefits.

6. The learned Singl

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