IN THE HJGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4580 OF 2019 Between: B. Madhusudhana Rao, S/o. late Appaiah, Hindu, Aged about 65 years Presently R/o. Flat No. 12, Shilpa Apartment, H.No.30, Madhu Naqar’ Hyderabad - 58. ^ ’ ...PETITIONER AND 1. The Bank of India, Rept. By its Chairman-cum -Managing Director. Head office. Express Towers, Nariman Point, Mumbai. To® Manager, Bank of India, Andhra Pradesh Zone, R/o. 28-2- 48,1 Floor, Daspal la Complex , Suryabagh, Visakhapatnam. 3. The Chief Manger and Disciplinary Authority, Bank of India Visakhapatnam Branch, Visakhapatnam Zonal Office, Krishna Bhavan 1 Floor, Flat No.51, Waltair Main Road, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue order, direction more particularly a writ in the nature of mandamus declaring action of the respondents though the disciplinary authority order's vide VZO.IR.140 dt.20.08.2002 was modified by the appellate authority order NO.AP20.IR.302 dt.05.02.2019 modified dismissal from service in to compulsory retirement consequently the petitioner is entitled all his benefits including monthly regular pension. may as lA NO: 1 OF 2019 Petition under Section 151 CPG praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to directing the respondents to consider and dispose of petitioner's representation dated 26.02.2019 and 6th March, 2019 by releasing the monthly regular pension in favour of the petitioner expeditiously. f Counsel for the Petitioner: SMT. A. PADMA Counsel for the Respondents : SRI K. HARINARAYANA, SC FOR BANK OF INDIA The Court made the following: ORDER 1 APHC010102482019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4580/2019 Between: ...PETITIONER B. Madhusudhana Rao AND ...RESPONDENT{S) The Bank Of India and Others Counsel for the Petitioner: 1.APADMA Counsel for the Respondent(S): 1.HARINARAYANAK 2. The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4580/2019 r ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue order, direction more particuiariy a writ in the nature of mandamus deciaring action of the respondents through the disciplinary authority order’s vide VZO:IR:140 dated 20.08.2002 was modified by the appellate authority order NO. AP20: IR: 302 dated 05.02.2019 modified as dismissal from service in to compulsory retirement, consequently the petitioner is entitled to all his benefits including monthly regular pension and to pass... ’’ Heard Ms. A.Padma, learned counsel for the petitioner and Sri K. Harinaryana, learned Standing Counsel on behalf of the respondents. Learned counsel for the petitioner would submit that the petitioner herein was dismissed from service vide disciplinary proceedings Orders dated 20.08.2002 which was modified by the Appellate authority vide orders dated 05.02.2019 as dismissal from service into compulsory retirement. Learned counsel would submit that in the light of modification of punishment, the petitioner is entitled for all retirement benefits. The petitioner has submitted representations dated 26.02.2019 and 06.03.2019. Learned counsel would further submit that despite the petitioner made representations to the respondent-authorities, they have not considered the same. As per the Rules, he is entitled for retirement and consequential benefits since his retirement is under compulsory retirement. 2. 3. 3 Respondents did not choose to file counter. Learned Standing counse* behalf of the respondents opposed the Writ Petition and would submit that the Court may pass appropriate Orders. Considering the submissions made, since the petitioner was retired under compulsory retirement, unless, there is a statutory bar, he is entitled for retirement benefits and other consequential attending benefits. In that view, the Writ Petition is allowed. The respondents are directed to consider the representations of the petitioner regarding his pension and other benefits as per the Governing Rules and law since there is no statutory bar within a period of one (01) month from the date of receipt of the copy of this Order. No order as to Costs. 4. on 5. Pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Chairman-cum -Managing Director, Bank of India, Head office. Express Towers, Nariman Point, Mumbai. 2. The Zonal Manager, Bank of India, Andhra Pradesh Zone, R/o. 28-2- 48,1®* Floor, Daspal la Complex , Suryabagh, Visakhapatnam. 3. The Chief Manger and Disciplinary Authority, Bank of India, Visakhapatnam Branch, Visakhapatnam Zonal Office, Krishna Bhavan 1® Floor, Flat No.51, Waltair Main Road, Visakhapatnam. 4. One CC to Smt. A. Padma, Advocate [OPUC] 5. One CC to Sri K. Harinarayana, Advocate [OPUC] 6. Three C.D. Copies. Cnr HIGH COURT DATED:10/03/2025 ORDER WP.No.4580 of 2019 2 t HAR 2023 ^ . Current Section ^ ALLOWING THE W.P. WITHOUT COSTS