Kaluguri Kanakaiah Vs Union of India

KALUGURI KANAKAIAH, S/O NAGESWARA RAO, AGE ABOUT 52 YEARS, OCC. SUB-STAFF, R/O. H.NO.6, SBI COLONY, NEAR JKC COLLEGE ROAD, GUNTUR 522006, ANDHRA PRADESH.

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MOPIDEVI SRINIVASA RAO, S/O M RAMA KOTESWAAR RAO AGE ABOUT. 56 YEARS, OCC. CLERK, R/O. 9TH WARD RAILPETA, REPALLE, GUNTUR, ANDHRA PRADESH.

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DEVARA HAD PRASAD, S/O D APPALA SWAMY AGE ABOUT 52 YEARS, OCC. CLEK R/O. FLAT NO.123, RRPETA, VIJAYAWADA 520003,A.P.

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KALLA GOVINDA RAJULU, S/O VENKATESWARLU AGE. ABOUT 52 YEARS, OCC. CLERK, RIO. D-NO.4-9-52, NAIDUPETA 4TH LINE, KORETIPADU, GUNTUR,A.P.

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BONTHAGARLA SUDHAKARA RAO,, S/O PARAMESWARUDU, AGE ABOUT. 51 YEARS, OCC. CLERK, RIO. JATTIMITTA BAZARU, PRATHIPADU, GUNTUR, ANDHRA PRADESH.

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KOSANAM PRASAD, S/O GANGA RAO AGE ABOUT. 59 YEARS, OCC. CLERK R/O. 29/370 CHINTHGUNTAPALEM, MACHILLIPATNAM, A.P.,

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ANUMUKONDA NAGA VARDHANA RAO, S/O A V L CHALLAPILLA RAO AGE ABOUT 57 YEARS, OCC. CLERK R/O. FLAT NO.107, SITA RAMA SHA.PHIREAPPARTMENT, 0 LINE BALAJI NAGAR,OLD GUNTUR, GUNTUR 522001,.A.P.

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DADISETTY KRISHNA, S/O VENKATA RAO, AGE ABOUT 59YEARS, OCC. CLERK, R/O. D-NO.58-5-29, DANAIAH BAZAR, PATTAMATA, VIJAYAWADA-10, KRISHNA DISTRICT,ANDHRA PRADESH.

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KAITEPALLI VEERA SWAMY, S/O KUTUMBA RAO, AGE ABOUT 54 YEARS, OCC. CLERK, RIO. FLAT NO. 503, J P TWINS RAJULA BAZAR, RAMAVARPADU, VIJAYAWADA(R), KRISHNA DISTRICT, ANDHRA PRADESH.

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THAMADA SATYA NARAYANA, S/O KRISHNA MURTHY AGE ABOUT. 54 YEARS, OCC. CLERK, R/O. D-NO.27-18, GANESH STREET, KABELLA CENTRE, VIJAYAWADA 520012,ANDHRA PRADESH.

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P GOWRI SHANKAR RAO, S/O VITAL RAO AGE ABOUT 59 YEARS, OCC. SUB- STAFDF R/O. F4-71B, KOLLIPARA MANDAL 522304 GUNTUR DISTRICT, ANDHRA PRADESH

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PULI SRINIVASA RAO, S/O SAMBAIAH, AGE ABOUT. 54 YEARS, OCC. SUB-STAFF, R/O. D-NO.7/97, GORANTLA, AMARAVATHI ROAD, GUNTUR, ANDHRA PRADESH.

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U SRINIVASA RAO, S/O KOTESWARA RAO AGE ABOUT 50 YEARS, OCC. CLERK RIO. 6/20 GF 2 SWATHI RESIDENCY, BRODIPET, GUNTUR 522002,ANDHRA PRADESH.

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SYED BAJI, S/O GALIB SAHEB, AGE ABOUT. 53 YEARS, OCC. SUBSTAFF, R/O. D-NO.13-2-71, VENKATREDDY NAGAR, NARSARAOPET 522601, PALNADU DISTRICT, ANDHRA PRADESH.

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GUDIPATI SRINIVASA REDDY, S/O SRI SITA RAMI REDDY AGE ABOUT. 53 YEARS, OCC. SUB-STAFF, R/O. BUTCHIPAPANAPALEM POST, ROMPICHARLA MANDAL, PALNADU DISTRICT 522617, ANDHRA PRADESH.

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NALLAGATLA PITCHAIAH, S/O BRAHMAIAH, AGE ABOUT 57 YEARS, OCC. CLERK R/O. D-NO.14-2-21,VADDAVALLI POST, SATTENAPALLI MANDAL, PALNADU DISTRICT 522403 (AP).

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TATINADA RAMU, S/O T LAKSHMAIH AGE ABOUT 59 YEARS, OCC. CLERK RIO. D-NO.16-11-99A, CHENAMVARI STREET PARK BAZAR, OLD GUNTUR, GUNTUR 522001, ANDHRA PRADESH.

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VEMULA SRINU, S/O PRASAD RAO, AGE ABOUT 52 YEARS, OCC. SUB-STAFF, R/O. D-NO.3-27, TELAGAYAPALEM, KAKUMANU MANDAL GUNTUR 522112, ANDHRA PRADESH.

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VEMULA VIJAYA BABU, S/O PARISUDHA RAO, AGE ABOUT 55 YEARS, OCC. CLERK, R/O. D-NO.3-29, TELAGAYAPALEMKAKUMANU MANDAL, GUNTUR 522112, ANDHRA PRADESH.

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POTHARLANKA DEVI NANDA KISHORE, S/O UMAMAHESWARA RAO AGE ABOUT. 54 YEARS, OCC. SUB-STAFF, R/O. D-NO.19-6-3, SALIPETA, OLD PONNUR, GUNTUR, ANDHRA PRADESH.

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SARIPALLI LAKSHMIPATHI RAJU, S/O SARRA RAJU AGE ABOUT 59 YEARS, OCC. SUB-STAFF R/O. H.NO.19-111, PITTALAVANIAPALEM, GUNTUR 522329, ANDHRA PRADESH.

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GOLUKONDA SRINIVASA RAO, S/O SUBBA RAO AGE ABOUT 55 YEARS, OCC. SUB-STAFF RIO. KOTRAVARIVEEDI, DARISI COMPOUND, BAPTLA DISTRICT 522101,ANDHRA PRADESH

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BALAGANI SUBBA RAO, S/O RAMA RAO AGE ABOUT 54 YEARS OCC. CLERK R/O. H.NO.15-4-24, KONDALRAO STREET ONEWAY, BAPTLA DISTRICT 522101, ANDHRA PRADESH.

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THIPPARTHI SRINIVASA RAO, S/O DASARADHA RAMA SASTRY AGE ABOUT 59 YEARS OCC. CLERK, R/O. D-NO.12-10-17, PRAKASH NAGAR, NEAR TILAK SCHOOL, NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH.

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TIRUMELLA ESSAKU, S/O PITCHAIAH AGE ABOUT. 53 YEARS, OCC. CLERK RIO. D-NO.12-85, KANAGALA POST, CHERUKUPALLI MANDAL, BAPTLA DISTRICT 522259, ANDHRA PRADESH

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...PETITIONER(S)

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AND

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UNION OF INDIA, REP BY ITS CHAIRMAN CUM MANAGING DIRECTOR UNION BANK OF INDIA, HEAD OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400021.

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THE GENERAL MANAGER, HR DEPARTMENT, UNION BANK OF INDIA, 0/0.HEAD OFFICE 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI- 40021

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...RESPONDENT(S):

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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 not considering the service 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 by considering the representation of the petitioners dated. 20-03-2023 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 direct the respondents to consider the service 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 by considering the representation of the petitioners dated. 20-03-2023 and pass such other order.

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IA NO: 1 OF 2023

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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 direct the respondents to consider the service 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 by considering the representation of the petitioners dated. 20-03-2023, forthwith and pass such other order.

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Counsel for the Petitioner(S):

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1.Dr CHALLA SRINIVASA REDDY

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Counsel for the Respondent(S):

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1.K LAKSHMI NARASIMHA (SC FOR AB)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.9203 of 2023

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ORDER:

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The present Writ Petition is filed questioning the action of Respondents in not considering the service of the Petitioners from the date of their joining as Panel Sub-staff on temporary basis till the date of regularization of their services as just service for the purpose of calculating and to decide retirement benefits by considering the representation of the Petitioners, dated 20.03.2023, as illegal and arbitrary.

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The brief facts are as follows;

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The Petitioners initially joined in Respondent-Bank as Panel Sub-staff on temporary basis. Subsequently, their services have been regularized on different dates and became permanent employees of the Respondent-Bank and now they are near to retirement from service. The Petitioners main grievance is that their service prior to the date of regularisation should be taken into consideration for the purpose of calculation of retirement benefits. On 20.03.2023 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.

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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. It is stated that the Writ Appeal thereon filed by Respondent-Bank is dismissed.

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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.

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Having heard the respective counsel, the Writ Petition is disposed of with the following directions;

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(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;

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(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;

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(iii) No order as to costs.

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