APHC010503952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26034/2023 Between: 1. POLUKONDA SRINIVASA RAO,, S/O RAGHAVALU, AGE- 56 YEARS, OCC CLERK, R/O. D.NO- 16-395-24, PAINTER COLONY, POTHEPALLI ROAD, MACHILIPATNAM. A.P, 2. CHINTALA MANGAMMA,, W/O VENKATESWARLU, AGED- 57 YEARS,OCC CLERK, R/O. D.NO- 1- 107,CHENNAKESAVA SWAMY TEMPLE BACK SIDE, MACHERLA, PALANADU DISTRICT.A.P,. 3. KOLLURI SANKARA RAO,, S/O VEERA SWAMY, AGE- 59 YEARS, OCC DAFTARY, R/O . D.NO- 21-3-2, OLD PONNUR, PONNUR, GUNTUR DIST.A.P, 4. M.V. SATYANARAYANA,, S/O M. SUBBA RAO, AGE- 57 YEARS, OCC CLERK, R/O.D.NO- 30/2/18, MURTHY STREET, BEHIND VIJAYA TALKIES, ARUNDALPET, VIJAYAWADA. A.P, 5. POTTLURI SRINIVASA RAO,, S/O LAKSHMAIAH, AGE 55 YEARS, OCC- DAFTERY, R/O. D.NO- 11-28-2-5, RAMIREDDY PET, NEAR S.S.N. COLONY BACK SIDE, NARASARAOPET, PALANADU DISTRICT.A.P, 2 6. LINGAMANENI SITA RAMBABU,, S/O GOPAIAH, AGE- 57 YEARS,. OCC CLERK, R/O. D.NO- 19-13-354/1, OLD RAJRAJESWARIPET, VIJAYAWADA, NTR DISTRICT.A.P, 7. KALUGURI SRINIVASA RAO,, S/O NAGESWARA RAO, AGE- 54 YEARS, OCC CLERK R/O.D.NO- 16-7-322, SBI COLONY, NEAR JKC COLLEGE ROAD, GUNTUR CITY AND DISTRCT. A.P,. 8. SIRIGIRI VENKATESWARA RAO,, S/O BOLLAIAH, AGE- 58 YEARS, OCC CLER, R/O. D.NO- 4-8-407, AMARAVATHI ROAD,. REDDY BUILDING STREET, GUNTUR CITY AND DISTRICT.A.P,. 9. GARIKA KOTESWARA RAO,, S/O VENKATA SWAMY, AGE- 53 YEARS, OCC CLERK, R/O. D.NO- 11-856/A, SRAMIKA NAGAR, RATNALA CHERUVU, MANGALAGIRI, GUNTUR DISTRICT.A.P, 10. SHAIK KARIMULLA,, S/O MASTAN VALI, AGE- 49 YEARS, OCC CLERK RIO. D.NO- 94-261/15, SRI RAM NAGAR, ZERO LINE, GUNTUR CITY AND DISTRICT.A.P, 11. MADIREDDY SRINIVSA REDY,, S/O.VENKATA KONDALA RAO, AGE- 52 YEARS, OCC CLERK R/O. D.NO- 11-3-32, ANGADALA VARI STREET, ISLAM PET, VIJAYAWADA, NTR DISTRICT.A.P, 12. VENIGANDLA SRINIVASA RAO,, S/O. BIKSHALU, AGE- 55 YEARS, OCC CLERK, R/O. D.NO- 7-19-146, KAKUMANUVARI THOTA, 8TH LANE, GUNTUR CITY AND DISTRICT.A.P,. 13. MUDIGONDA MALLIKARJUNA RAO,, S/O SARABANDI RAJU, AGE- 57 YEARS, OCC CLERK, R/O. D.NO- 87-18- 3360/1, NEAR KKR THEATRE, KAMAKSHI NAGAR, GUNTUR CITY AND DISTRICT.A.P, 3 14. VALLURI SRINIVASA RAO,, S/O JANAKI RAMAIAH, AGE- 57 YEAR, OCC CLERK, R/O. D.NO- 16-12-574, CHANNAM VARI STREET, OLD GUNTUR, GUNTUR - 522 001. 15. KANDETI SRINIVASA RAO,, S/O BHASKARA RAO, AGE- 55 YEARS, OCC CLERK, R/O. D.NO- 8-34-15, NEAR SAI BABA TEMPLE, ISUKAPALLI, REPALLE, BAPATLA DISTRICT.A.P,. 16. CHERUKURI RAMA RAO,, S/O VEERAIAH, AGE- 59 YEARS, OCC SUB STAFF R/O. D.NO- 1-36, NARASAYAPALEM POST, BAPATLA MANDAL AND DISTRICT.A.P,. 17. SUREBOYINA MASTHAN RAO,, S/O VENKATESWARLU, AGE- 58 YEARS, OCC SUB STAFF RIO. D.NO- 32-17-1461, SRI NAGAR, 2ND LINE, GUNTUR CITY AND DISTRICT.A.P, ...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, O/O.HEAD OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 40021 ...RESPONDENT(S): 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 respondents in passing the order vide. Ref.HR- CO,LEG- 20741/2023, dated 22-08-2023 as illegal, arbitrary, against 4 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. Ref.HR- CO,LEG- 20741/2023, dated 22-08-2023 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 the services of the petitioners as just service for the purpose of calculating and to decide retirement benefits. 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 Ref.HR:CO;LEG:20741/2023, dated 22-08-2023 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 the services of the petitioners as just service for the purpose of calculating and to decide retirement benefits, forthwith. 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 W.P.No.26034 of 2023 in the interest of justice and pass such other order. 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.26034 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: 20741/2023, dated 22.08.2023 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 initially joined in Respondent-Bank as Panel Sub-staff on temporary basis, subsequently their services have been regularized on different dates and they became permanent employees of the Respondent-Bank and now they are near to retirement from service. The Andhra Bank is merged with Respondent No.1-Bank. The dates of joining and regularizations of the Petitioners are as follows; S.No. Name Date of joining Date of Permanent 1 Polukonda Srinivasa Rao 08/05/1989 28/02/2012 2 Chintala Mangamma 05/10/1984 15/12/2011 3 Kolluri Sankara Rao 01/04/1985 11/11/2011 4 M.V. Satyanarayana 15/06/1986 12/03/2012 5 Potluri Srinivasa Rao 03/04/1986 12/03/2012 6 6 Lingineni Seetha Rambabu 18/11/1987 18/01/2012 7 Kaluguri Srinivasa Rao 12/09/1989 12/03/2012 8 Sirigiri Venkateswara Rao 29/11/1984 12/12/2011 9 Garika Koteswara Rao 01/05/1987 12/12/2011 10 Shiak Karimulla 01/08/1991 17/08/2010 11 Madireddy Srinivasa Reddy 01/08/1989 12/03/2012 12 Venigandla Srinivasa Rao 06/11/1989 12/03/2012 13 Mudigonda Mallkarjuna Rao 23/02/1984 17/03/2010 14 Valluri Srinivasa Rao 02/06/1982 01/03/2008 15 Kondeti Srinivasa Rao 02/06/1982 01/03/2008 16 Cherukuri Rama Rao 10/12/1977 18/01/2012 17 Sureboyina Masthan Rao 01/05/1985 12/12/2012 3. The Petitioners main grievance is that the Respondents should have treated the services of the Petitioners from the date of joining as Panel Sub-staff on temporary basis till the date of regularization of their services as justice and should be included in the service to finalize the retirement benefits. On 23.06.2023 the Petitioners gave representation to the Respondents explaining their grievance. As the said representation is not being considered by the Respondents, the present Writ Petition came to be filed. 4. 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 7 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. 5. 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. 6. 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; 8 (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. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 17.09.2025 IS 9 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.26034 of 2023 Dated: 17.09.2025 IS