In Brief
The Andhra Pradesh State Road Transport Corporation terminated a driver following a disciplinary enquiry for misconduct. The employee was later re-engaged on contract and sought continuity of service from the original termination date. The High Court granted this relief relying on an earlier batch decision. The Supreme Court allowed the Corporation's appeal, holding that continuity of service cannot be granted unless the termination itself is set aside. Since a proper enquiry was held and the termination was not challenged, seniority must count only from the date of fresh appointment. The Court also held that batch decisions cannot ignore individual case facts.
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