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2026 DAILYLAW 4483 (AP)

YUMMALACHARLA SURENDRA RAO v. UNION BANK OF INDIA

WP/17285/2026 · 2026-07-01

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : --- Date of pronouncement : 02.07.2026 Date of uploading : APHC010323202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17285/2026 Between: 1. YUMMALACHARLA SURENDRA RAO, S/O. VENKATA CHALAPATHI RAO, AGED ABOUT 61 YEARS, OCC RETIRED CLERK, R/O. FLAT NO.308, DANESH HUB APARTMENTS, HOUSING BOARD EXTENSION, APHB COLONY, GUNTUR - 522004, A.P. 2. PATHURI LEELA KRISHNA, S/O. SRI RAMULU, AGED ABOUT 63 YEARS, OCC RETIRED SUB STAFF, R/O. FLAT NO.302, SBVS VEMURI RESIDENCY, NEAR PAPPULA MILL CENTER, MADHURA NAGAR, VIJAYAWADA - 520011, A.P. 3. RAVULA VENKATA RAO, S/O. TIRUPATHI SWAMY, AGED ABOUT 60 YEARS, OCC RETIRED CLERK, R/O. D.N0.4-16- 33/A, BHARATHPET 4/3, AMARAVATHI ROAD, GUNTUR - 522002. 4. KOCHERLA VENKATESWARLU, S/O. GURAVAIAH, AGED ABOUT 61 YEARS, OCC RETIRED CLERK, R/O. D.NO.22- 50-A, BADEPURAM VILLAGE, TADIKONDA POST, GUNTUR - 522236. 5. BIRUDUGADDA LUTHER PAUL, S/O. PRAKASAM, AGED 2 ABOUT 62 YEARS, OCC RETIRED CLERK, R/O. D.NO.4-54- 54, ANKAMATALLI TEMPLE BACK SIDE ROAD, NEAR OXFORD SCHOOL, ITHANAGAR, TENALI - 522201. 6. KANAGALA SRINIVASA RAO, S/O. BALA KRISHNA RAO, AGED ABOUT 66 YEARS, OCC RETIRED CLERK, R/O. D.N0.5-982/A, NEAR KALYANA MANDAPAM, ANGALAKUDURU, TENALI - 522211. 7. KATTIPALLI JOHN, S/O. RAJA RATNAM, AGED ABOUT 67 YEARS, OCC RETIRED SUB STAFF, R/O. D.NO. 16-20, VEMURU- 522261 ...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. ...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 topleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the proceedings issued by the respondents vide HR EBD No.423/2026 dated 13.04.2026, rejecting the claim of the petitioners for counting their temporary/panel sub-staff service from the date of initial appointment till regularization as qualifying service for pensionary and retirement benefits, as illegal, arbitrary, contrary to the earlier orders passed by this Hon'ble Court, and violative of Articles 14, 16, and 21 of the Constitution of India consequently to set aside the said proceedings and directing the respondents to 3 count the service of the petitioners from the date of their initial appointment as Panel Sub- Staff/temporary employees till regularization as qualifying service for the purpose of pension, gratuity, and all retirement benefits and pass IA NO: 1 OF 2026 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 pleased to direct the respondents to count the service of the petitioners from the date of their initial appointment as Panel Sub-Staff/temporary employees till regularization as qualifying service for the purpose of pension, gratuity, and all retirement benefits forthwith, and pass Counsel for the Petitioner(S): 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent(S): 1. The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17285 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in passing the impugned order vide HREBDNo.423/2026, dated 13.04.2026 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. Name Date of joining in the service Date of regularized of the service Date of retirement from the services 1 T. Surendra 05.08.1986 17.03.2010 30.11.2024 2 P. Leela Krishna 30.07.1984 15.02.2008 30.06.2023 3 R. Venkata Rao 16.01.1984 12.11.2001 30.09.2025 4 K. Venkateswarlu 01.06.1986 13.03.2009 30.06.2025 5 B. Luther Paul 30.05.1989 08.11.2001 31.06.2019 6 K. Srinivasa Rao 05.03.1991 30.11.2007 31.07.2020 7 K. John 02.02.1984 01.11.2007 31.05.2019 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 2020 had considered the similar claim of fellow 5 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 was 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 2020, 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. 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 6 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 Petitioners, 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 2020, dated 18.04.2023; (iii) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 02.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 133 WRIT PETITION No.17285 of 2026 Dated: 02.07.2026 chs