VidhiSangh

Supreme Court of India · 07/12/2018

THE DIVISIONAL MANAGER APSRTC & ANR. versus B. VENKATAIAH

[2018] 14 S.C.R. 1257 · 2018 INSC 1177

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Summary

The Supreme Court set aside continuity granted to a contract driver re-engaged after disciplinary termination. The termination and fresh appointment had not been challenged and adjudicated. The High Court could not simply extend an earlier batch ruling involving different enquiry circumstances. The respondent’s seniority was directed to run from fresh appointment.

Issues

  1. Whether continuity and consequential service benefits could be granted across the subsisting termination and fresh engagement.

Held

Result

Appeal allowed and disposed of without costs; Single Judge and Division Bench judgments set aside. Seniority to count from fresh appointment.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1257.