APSRTC & ORS. versus SRI A. SANJEEV REDDY

APSRTC & ORS. versus SRI A. SANJEEV REDDY

The grant of continuity of service by the High Court was manifestly misconceived because the respondent did not challenge either the termination or the fresh appointment. Seniority must count from the date of fresh appointment unless orders of termination or fresh appointment are adjudicated upon.

Parties
Appellant: APSRTC & ORS.; Respondent: Sri A. Sanjeev Reddy
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment Affirming Single Judge in Writ Petition
Outcome
Appeal allowed
Legal Topics
Termination of Service, Continuity of Service, Departmental Enquiry, Contract Employment, Regularization
Service Law Termination of Service Continuity of Service Departmental Enquiry Contract Employment Regularization

Case Brief

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Parties

APSRTC & ORS.

Appellant

Sri A. Sanjeev Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment Affirming Single Judge in Writ Petition

Legal Issues

  1. 1 Whether the respondent is entitled to continuity of service from the date of termination until re-engagement for regularization purposes without monetary benefit
  2. 2 Whether continuity of service can be granted when neither termination nor fresh appointment is challenged

Ratio Decidendi

The grant of continuity of service by the High Court was manifestly misconceived because the respondent did not challenge either the termination or the fresh appointment. Seniority must count from the date of fresh appointment unless orders of termination or fresh appointment are adjudicated upon.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments and orders of the Division Bench and the Single Judge are set aside.
  • Seniority of the respondent workman shall be counted with effect from the date of his fresh appointment in the service of the Corporation.