- 1 - NC: 2025:KHC:10456 WP No. 19572 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 19572 OF 2023 (S-RES) BETWEEN: 1. SRI. VIJENDRA Y.T. S/O THIMMEGOWDA AGED ABOUT 38 YEARS TEMPORARY PEON STATE BANK OF INDIA, SHRINGAR COMPLEX BRANCH (40006) NO.87, II FLOOR, ABOVE NAVARATHNA JEWELERS MAHATMA GANDHI ROAD, BENGALURU-560001 RESIDING AT NO.484, 4TH MAIN 4TH CROSS, KAMALANAGAR MARKET BENGALURU-560079. 2. SRI. SHIVAKUMAR N., S/O NANJUNDAIAH, AGED ABOUT 39 YEARS TEMPORARY PEON STATE BANK OF INDIA MODI HOSPITAL ROAD BRANCH (40280) NO.717, POONA SHASTRI BUILDING DR. MODI HOSPITAL ROAD BENGALURU-560086 RESIDING AT NO.388, 8TH CROSS, INDIRANAGAR, WEST OF CHORD ROAD BENGALURU-560010 …PETITIONERS (BY SRI. VINAYAKA S. PANDIT, ADVOCATE FOR SRI. B.O. ANIL KUMAR AND SRI. YOGESH D. NAIK, ADVOCATES) AND: 1. THE CHAIRMAN STATE BANK OF INDIA Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10456 WP No. 19572 of 2023 CORPORATE OFFICE STATE BANK BHAVAN MADAME CAMA ROAD MUMBAI-400021 2. THE CHIEF GENERAL MANAGER STATE BANK OF INDIA LOCAL HEAD OFFICE ST. MARKS ROAD BENGALURU-560001. 3. THE DEPUTY GENERAL MANAGER AND CORPORATE DEVELOPMENT OFFICER, HUMAN RESOURCES DEPARTMENT, LOCAL HEAD OFFICE, 3RD FLOOR, NEW ANNEX BUILDING NO.65, ST. MARKS ROAD, BENGALURU-560001. 4. THE BRANCH MANAGER STATE BANK OF INDIA SHRINGAR COMPLEX BRANCH (40006) NO.87, II FLOOR ABOVE NAVARATHNA JEWELLERS, MAHATMA GANDHI ROAD, BENGALURU-560001. 5. THE BRANCH MANAGER STATE BANK OF INDIA MODI HOSPITAL ROAD BRANCH (40280) NO.717, POONA SHASTRI BUILDING, DR. MODI HOSPITAL ROAD, BENGALURU-560086. …RESPONDENTS (BY SRI. C.K. SUBRAHMANYA, ADVOCATE FOR SRI. B.C. PRABHAKAR, ADVOCATE FOR RESPONDENT NOS.1 TO 5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS TO FIX THE DEFINED BASIC SALARY OF THE PETITIONERS AT RS.14,500/- BEING MINIMUM OF THE PAY SCALE - 3 - NC: 2025:KHC:10456 WP No. 19572 of 2023 OF PERMANENT SUB STAFF AS PER THE E-CIRCULAR DATED 21.12.2020 WITH EFFECT FROM 01.11.2017 (ANNEXURE-D) WITH ADMISSIBLE ALLOWANCES AND TO PAY THE ARREARS WITHIN A REASONABLE PERIOD TO BE FIXED BY THIS HON'BLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondents to fix the defined basic salary at Rs.14,500/- being the minimum of the pay scale of a permanent sub-staff as per the e-Circular dated 21.12.2020 with effect from 01.11.2017 with admissible allowances and to pay arrears. 2. The petitioners contend that they were appointed as temporary peon (sub-staff) at the branch of the respondent No.1 at M.G.Road and West of Chord Road, Bengaluru. They claim that their services were continued from time to time from the date of their appointment. They contend that their employer was merged with State Bank of India. However, the terms of amalgamation did not safeguard the interest of the temporary sub-staff. The petitioners therefore, approached this - 4 - NC: 2025:KHC:10456 WP No. 19572 of 2023 Court in W.P.Nos.13864-14080 and 14094-14097/2017 for their permanent absorption, which is still pending consideration. This Court vide order dated 30.03.2017 had granted interim stay restraining the respondent Nos.2 and 3 from altering the service conditions of the petitioner and/or from terminating their services. 3. It is contended that by virtue of a circular dated 21.12.2020, the petitioners who until then were drawing salary Rs.9,560/- were granted a higher pay scale of Rs.14,500/-. However, in view of the order dated 30.03.2017 in WP.No.13864-14080/2017, the salary of the petitioner was reverted to the old minimum basic pay at Rs.9,560/- from January, 2022. 4. The petitioners are therefore before this Court seeking for a direction to restore the minimum pay as per the circular dated 21.12.2020 at Rs.14,500/-. 5. If the action of the respondents is pursuant to an order passed by this Court in W.P.Nos.13864-14080/2017 and 14094-14097/2017, the appropriate remedy for the petitioners to approach the same Court for appropriate orders. The - 5 - NC: 2025:KHC:10456 WP No. 19572 of 2023 petitioners cannot file a fresh writ petition seeking for restoration of the pay. 6. Under the circumstances, this writ petition is misconceived and the same is dismissed. However, liberty is reserved to the petitioners to approach the Court in W.P.Nos.13864-14080/2017 and 14094-14097/2017 for appropriate orders. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 21