APHC010503922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26038/2023 Between: 1. MALEMPATI SAMBA SIVA RAO, S/O. RAMAYYA AGED. 63 OCC. RETIRED EMPLOYEE, R/O. D-NO.16-30-13, 2/7 LINE YADAVA STREET, OLD GUNTUR 522001, GUNTUR, ANDHRA PRADESH. 2. PONNAM VENKAT RAO, S/O. RAGHAVAIAH AGED. 61 OCC. RETIRED EMPLOYEE, R/O. D-NO.15-350, SRIRAMPURAM, GURAJALA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 3. KOLANUKONDA SAMBA SIVA RAO, S/O. KOTAIAH AGED. 67 OCC. RETIRED EMPLOYEE, R/O. D-NO.5/309/1, RTC COLONY, CHILAKALURIPETA 522616, GUNTUR DISTRICT, ANDHRA PRADESH. 4. SHAIK KHALEEL AHMED, S/O. KHADARVALI AGED. 61 OCC. RETIRED EMPLOYEE, R/O. D.NO.10-28, BEHIND LIBRARY, VETAPALEM, BAPATLA DISTRICT 523187, ANDHRA PRADESH. 5. K SUBBA RAYUDU, S/O. OBULESU AGED. 63 OCC. RETIRED EMPLOYEE, R/O. D-NO.9/990, AMBEDKAR NAGAR, GOOTI RS, ANANTAPUR 515402, ANDHRA PRADESH. 6. DAMA SIVA RAMA KRISHNA, S/O. BHUSHAIAH AGED. 63 OCC. RETIRED EMPLOYEE, R/O. D-NO.6-17-44, 17TH LINE ARUNDALPET, GUNTUR 522002, ANDHRA PRADESH. 7. MADALA GURU MOHANA RAO, S/O. RAMULU AGED. 65 OCC. RETIRED EMPLOYEE, R/O. D-NO.2-202/3, KRISHNA NAGAR, INKOLLU MANDAL, BAPATLA DISTRICT 523167, ANDHRA PRADESH. 2 8. BALUSUPATI LINGESWARA RAO, S/O. RAGHAVAIAH AGED. 65 OCC. RETIRED EMPLOYEE, R/O. H.NO.1-17, DHARANIKOTA POST, AMARAVATHI MANDAL, PALNADU DISTRICT 522020, 9. MACHERLAYEDUKONDALU, S/0 PUNNAI AGED. 63 OCC. RETIRED EMPLOYEE, R/O. KALAGUTLA, DURGI MANDAL, PALNADU DISTRICT 522612, ANDHRA PRADESH. 10. LINGALA MOHANA RAO, S/O. KOTAIAH AGED. 63 OCC. RETIRED EMPLOYEE, RIO. D-NO.121-140, JANMABHUMI NAGAR, THURKAPALEM ROAD, PALAKALUR POST, GUNTUR 522005, ANDHRA PRADESH. 11. JAMMULA VENKATESWARLU, S/O. RAMAKRISHNAIAH AGED. 64 OCC. RETIRED EMPLOYEE, R/O. D-NO.5-131/A, GANGIREDDYPALEM, BELAMKONDA MANDAL, GUNTUR DISTRICT 522411, ANDHRA PRADESH. 12. G VENKATESWARA RAO, S/O. BALAKOTI AGED. 63 OCC. RETIRED EMPLOYEE, RIO. D-NO.8-7-10, 4TH LINE NEHRU NAGAR , GUNTUR 522001, ANDHRA PRADESH. 13. RAJENDRA PRASAD, S/O. B M. TIRUMALAKONDAPPA AGED. 63 OCC. RETIRED EMPLOYEE, R/O. D.NO. 13-7-10, BOYAPETA, BANGALORE ROAD, HINDUPUR 515201, ANDHRA PRADESH. ANDHRA PRADESH. ...PETITIONER(S) AND 1. UNION BANK OF INDIA, REP BY ITS CHAIRMAN CUM MANAGING DIRECTOR UNION BANK OF INDIA, HEAD OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 400021. 2. THE GENERAL MANAGER, HR DEPARTMENT, UNION BANK OF INDIA, 0/0.HEAD OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 40021 ...RESPONDENT(S): 3 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the 2nd respondent in passing the order vide HR.CO.LEG.15952/2023, dated. 13-07-2023 as illegal, arbitrary, against the principles of natural justice, against service rules and violative of Article 14,19 and 21 of Constitution of India, and Consequently to set aside the order of the 2nd respondent passed vide HR.CO.LEG.15952/2023, dated. 13-07-2023 by directing the respondents to consider the service of the petitioners between from the date of joining as panel sub-staff on temporarily basic to the date of regularize our services as just service for the purpose of calculating and to decide retirement benefits and pass such other order. IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order of the 2nd respondent passed vide HR.CO.LEG.15952/2023, dated 13-07-2023 by directing the respondents to consider the service of the petitioners between from the date of joining as panel sub-staff on temporarily basic to the date of regularize our services as just service for the purpose of calculating and to decide retirement benefits, forthwith and pass such other order. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the Petitioner Respondent herein to file counter affidavit in WP No.26038 of 2023 in the interest of justice and pass such other order. 4 Counsel for the Petitioner(S): 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1. K LAKSHMI NARASIMHA (SC FOR AB) The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26038 of 2023 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in passing the impugned order vide HR: CO: LEG: 15952/2023, dated 13.07.2023 rejecting the claim of the Petitioners for counting their past temporary service for the purpose of pension, as illegal and arbitrary. 2. The brief facts are as follows; The Petitioners claimed to have joined in the service of Respondent-Bank as mentioned in the below table and they are claiming for counting their past service for the purpose of pension. S.No. Date of joining in the service Date of regularized of the service Date of retirement from the services 1 16-05-1978 12-12-2011 31-10-2019 2 01-01-1986 12-03-2012 30-06-2022 3 19-06-1986 29-11-2011 31-05-2016 4 15-11-1976 15-11-2011 31-07-2022 5 25-07-1980 18-01-2012 31-03-2020 6 03-05-1979 18-01-2012 30-05-2020 7 01-01-1980 15-12-2011 30-08-2018 8 02-02-1981 12-03-2012 31-05-2018 9 03-03-1984 12-03-2012 29-06-2019 10 01-04-1980 27-01-2010 30-01-2019 11 06-03-1981 12-12-2011 28-02-2018 12 16-01-1990 12-11-2001 31-03-2020 13 29-12-1979 19-01-2012 30-01-2020 6 3. At the time of hearing, Dr. Challa Srinivasa Reddy, learned counsel for the Petitioners would submit that this Court in W.P.No.18793 of 2023 had considered the similar claim of fellow employees who sought for counting of their past service for the purpose of pension. The said Writ Petition was disposed of on 18.04.2023 directing the Respondents therein to include the temporary service of the Petitioners prior to their absorption into service for the purpose of pensionary benefits. The Writ Appeal thereon filed by Respondent-Bank as dismissed. 4. On the other hand, Sri K. Lakshmi Narasimha, learned Standing Counsel appearing for the Respondent-Bank would submit that the issue of entitlement of counting past service for the purpose of pension is not in dispute in view of the Judgment of this Court W.P.No.18793 of 2023, dated 18.04.2023. However, the learned Standing Counsel would submit that the Respondent-Bank does not have the joining details of the Petitioners. The learned Standing Counsel further submits that if the Petitioners produce requisite proof of appointment date and salary slips for the relevant period, the Respondent-Bank would consider the same without raising the dispute with regard to their entitlement. 7 5. Having heard the respective counsel, the Writ Petition is disposed of with the following directions; (i) The Petitioners are directed to give their comprehensive individual representations to the Respondent-Bank with regard to their claim and proof of appointment and the period of work in the Respondent-Bank; (ii) In the event, there is satisfactory proof of appointment of Petitioner, the Respondent-Bank shall count the temporary service of the Petitioners prior to their absorption for the purpose of pension and for gratuity in terms of the order of this Court in W.P.No.18793 of 2023, dated 18.04.2023; (iii) No order as to costs. 6. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 16.09.2025 IS 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26038 of 2023 Dated: 16.09.2025 IS