HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.32918 of 2010 Dated: 22.03.2011 Between: VUDA KANAKARATNAM. ..... PETITIONER AND THE ANDHRA BANK & ANOTHER .....RESPONDENTS The Court made the following : HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.32918 OF 2010 ORDER: The writ petition is filed by the petitioner seeking for issuance of writ of mandamus to declare the action of the respondents in not regularizing the services of the petitioner as sub staff of Andhra Bank contrary to the observation on this Court in W.P.No:6836 as illegal, arbitrary and voilative of the principles of natural justice and Article 14 of the Constitution of India and consequently, to direct the respondents to regularize the services of the petitioner as sub staff in Andhra Bank. Heard. The case of the petitioner is that pursuant to the interview before the Regional Manager, Andhra Bank, Kakinada on 30.3.1982, he has been appointed as sub staff of Andhra Bank and since 1983, he has been discharging his duties without any complaints. His name has been figured at S.No:18 in the list of temporary sub staff and when several members who are junior to him were being regularized ignoring his long length of service as temporary sub staff of Andhra Pradesh, he approached this Court by way of filing W.P.6836 of 1998 wherein this Court had initially directed the respondents to provide work to him continuously without any break in any available vacancy. But, however, since July 2007 in spite of his repeated requests to the respondents, he is not being engaged even as temporary sub staff. Therefore, he made a representation on 6.8.2010 requesting the respondents to consider his case for absorption. But, no action has been taken so far on the said representation. Therefore, he filed the present writ petition. Heard. The learned counsel for the petitioner submits that pursuant to the interview before the Regional Manager, Andhra Bank, Kakinada on 30.3.1982, he has been appointed as sub staff of Andhra Bank and since 1983, he has been discharging his duties and continued as such till 2007 and thereafter, he was not being engaged and in spite of the direction issued by this Court in W.P.No:6836 of 1998, dated 16.7.2002, his case has not been considered and subsequently, on the representation made by him on 6.8.2010, no action has yet been taken. On the other hand, it is submitted by the learned counsel for the respondent-Bank that this Court had an occasion to dispose of the writ petitions i.e. in W.P.Nos.20764 and 22061 of 2000 considering the facts and circumstances of the similarly situated persons and therefore, this writ petition may be disposed of in terms of the said judgment in W.P.No:20764 and 22061 of 2000. It is relevant to go through the judgment passed in W.P.No:6836 of 1998 on 16.7.2002, on which the learned counsel for the petitioner relied upon, the relevant portion of which reads as under: “Sri Rajasekhar representing Sri N.Rama Mohanarao (not present) the learned standing counsel for the respondents- Andhra Bank submit that by reason of settlement a scheme was formulated and according to the scheme all the temporary sub staff were empanelled and they are being regularized as per their seniority and subject to availability of vacancies. He also submits that the petitioners are being continued as sub staff and as and when vacancies arise, their case shall be considered for regularization as permanent staff. Recording the submissions made by the learned counsel for the respondent, the writ petition is disposed of.” At the same time, it is also relevant to go through the judgment passed in W.P.No:20764 and 22061 of 2000, dated 27.12.2007, on which the learned standing counsel for the respondents-Bank relied upon, the relevant portion of which reads as under: “In the circumstances above, there appears no basis for the apprehension of the petitioners that they would not be absorbed in terms of the settlement dated 9.1.21995 or would be disengaged forthwith irrespective of the availability of leave vacancies in the districts to which each of the petitioners respective belong. The petitioners claim for immediate absorption has also no basis in the settlement. For all these reasons, there are no merits in the writ petition, recording the averments, admissions and statements made by the respondents-Andhra Bank in the counter affidavit as have been extracted above, the writ petitions are disposed of.” At this stage, it is the grievance of the petitioner that on 30.3.1982, he has been appointed as sub staff of Andhra Bank and since 1983, he has been discharging his duties without any complaints and his name has been figured at S.No:18 in the list of temporary sub staff and when several members who are junior to him were being regularized ignoring his long length of service as temporary sub staff of Andhra Pradesh, he approached this Court by way of filing W.P.6836 of 1998 wherein this Court had initially directed the respondents to provide work to him continuously without any break in any available vacancy. But, however, since July 2007 in spite of his repeated requests to the respondents, he is not being engaged even as temporary sub staff and in spite of the direction issued by this Court in W.P.No:6836 of 1998, dated 16.7.2002, his case has not been considered and subsequently, on the representation made by him on 6.8.2010, no action has yet been taken. Having regard to the facts and circumstances of the case and particularly the judgments passed by this Court on the earlier occasions in the writ petitions referred to above and in view of the fact that the representation made by the petitioner on 6.8.2010 is pending consideration, without expressing any opinion on the merits of the case, I feel it just and proper to direct the respondents to consider the representation dated 6.8.2010 made by the petitioner for absorption and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. _____________________ Justice G. Chandraiah Dated: 22.03.2011 gurc. HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.32918 of 2010 Dated: 22.03.2011