KASI RAJU Vs. CM ANDHRA BANK

JUDGEMENT

(1.) Heard Sri S. Madhava Rao, learned counsel for the petitioners, and Sri K. Lakshmi Narasimha, learned standing counsel for the respondents.

(2.) This writ petition is filed to declare the order dtd. 31/3/2020 passed by the 1st respondent rejecting the claim of the petitioners for counting the period of their temporary service prior to their absorption into permanent service of the respondent bank from 2012 onwards for the purpose of grant of service benefits, the Circular dtd. 26/3/2013 issued by the Bank to the extent that the temporary service prior to absorption shall not be counted as service for any other benefits except for payment of gratuity, and the Regulation No.15 of Andhra Bank Employees Pension Regulations 1995 to the extent that it excludes the counting of period of service prior to the date of appointment on permanent basis for qualifying service, as illegal and arbitrary.

(3.) Briefly, the case of the petitioners is that petitioner Nos.1 to 4 and 7 to 9, late husbands of petitioner Nos.10 to 12 and petitioner Nos.13 to 16 worked as sub-staff in various branches of the respondent Bank and retired from service. Petitioner Nos.5 and 6 are still in service of the Bank. All of them belong to Scheduled Caste community. In the year 1982, they were sponsored by the Employment Exchange and accordingly, the Bank conducted interviews for all of them and prepared a panel of 78 candidates in the year 1986 for filling up the future temporary or permanent vacancies. Out of 78 candidates, 10 of them belonging to other communities were appointed on permanent basis and when the Bank sought to cancel the remaining list, the petitioners objected to the same. Then, the Bank issued letters of temporary appointment to them in the year 1986 promising to absorb them as permanent sub-staff in the year 1995. Thereafter, a settlement dtd. 9/1/1995 was arrived at between the Bank and the Andhra Bank Award Employees Union, Hyderabad. As per the said settlement, the Bank empanelled all the eligible employees including the petitioners for absorption. Accordingly, during the years 2001 to 2009, the Bank appointed the petitioners on permanent basis.