VidhiSangh

Supreme Court of India · 07/12/2018

APSRTC & ORS. versus SRI K. SATHAIAH

[2018] 13 S.C.R. 275 · 2018 INSC 1172

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Summary

The Supreme Court rejected continuity of service granted to a contract driver following disciplinary termination and fresh engagement. Neither the termination after enquiry nor the fresh appointment had been challenged. Continuity could not be awarded without adjudicating those orders. The High Court had applied an earlier batch decision without considering the individual facts; seniority was directed to run from fresh appointment.

Issues

  1. Whether continuity for regularisation could be granted without challenging the disciplinary termination or the fresh appointment.

Held

Result

Corporation’s appeal allowed to the stated extent without costs; Single Judge and Division Bench judgments set aside. Seniority to count from fresh appointment.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 275.