IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NOs : 565 and 16511of 2006 W.P.No. 565/2006: Between: A.Rama Koteswara Rao, S/o.Late Anjaneyulu, R/o.501, Classic Enclave, Gandhinagar, Hyderabad. ..... PETITIONER AND 1 The State Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, Rep by its Chief General Manager. 2 The General Manager, State Bank of India, Local Head Office, Bank Street, Koti, Hyderabad. 3 The Dy.General Manager & Circle Development Officer, Pesronnel and HRD Department, Stat Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, 4 Sri Jacob, Dy.General Manager & Circle Development Officer, Personnel and HRD Department, Stat Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the issuance of the Order PER-16/5256 dated 31-12-2005 friom the file of the 3rd Respondent and after perusing the same, quash the said order dated 31-12-2005 by declaring it as arbitrary, illegal, malafide and contrary to the interim order dated 24-11-2005 in WPMP.No.32171 of 2005 in WP No.25018 of 2005 and consequently direct the 2nd Respondent to sanction the pensionary benefits to the Petitioner with interest @ 24% p.a. and with all other consequential benefits, monetary and otherwise. W.P.No. 16511/2006: Between: A.Rama Koteswara Rao, S/o.Late Anjaneyulu, R/o. Flat No. 501, Classic Enclave, Gandhinagar, Hyderabad. ..... PETITIONER AND 1. The State Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, Rep by its Chief General Manager. 2 The Dy.General Manager & Circle Development Officer, Pesronnel and HRD Department, Stat Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, 3. The Chief Manager, State Bank of India, Masulipatnam, Krishna District. .....RESPONDENTS -2- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of mandamus calling for the records relating to the Order No. PER/16/3 dated 31-3-2006 from the file of the 2nd respondent and declare the same in so far as it relates to the fixation of the date of retirement of the petitioner as 31-3-2006 and as well as making lien of his Employees Provident Fund balance to the Joint Housing Loan sanctioned by the 3rd respondent under Public Housing Scheme vide order dated 10-3- 2005 as arbitrary, illegal, malafide and contrary to law and consequently direct the respondents to release the retrial benefits of the petitioner, including Provident Fund balance and also award interest @ 24% p.a.w.e.f. 31-05-2005 and with all other consequential benefits, monetary and otherwise. These petitions coming on for hearing, upon perusing the petitions and the affidavits filed in support thereof and the order of the High court dated 6-01-2006 made in W.P.No. 565 of 2006 and upon hearing the arguments of SRI V.JAGAPATHI, Advocate for the Petitioner in both petitions and of Sri K. Srinivasa Murthy, S.C. for SBI for the respondents in both petitions, the Court made the following: ORDER: Both the learned counsel are heard at length. The petitioner has since been retired from service and on an earlier occasion 50% of the terminal benefits were extended to him. There is no reason why the balance amount is withheld for the past two years. Hence, the respondents are directed to settle the terminal benefits of the petitioner and pay the amount within ten (10) days from today. The petitioner shall submit the requisite forms. Post on 18-04-2008 in motion list. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Chief General Manager, State Bank of India, Local Head Office, Bank Street, Koti, Hyderabad. 2. The General Manager, State Bank of India, Local Head Office, Bank Street, Koti, Hyderabad. 3 The Dy.General Manager & Circle Development Officer, Pesronnel and HRD Department, Stat Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, 4 Sri Jacob, Dy.General Manager & Circle Development Officer, Personnel and HRD Department, Stat Bank of India, Local Head Office, Bank Street, Koti, Hyderabad, 5. The Chief Manager, State Bank of India, Masulipatnam, Krishna District. 6. 2 CCs to Sri V. Jagapathi, Advocate. (OPUC) 7. One C.C.to Sri K.Srinivasa Murthy, Advocate. (OPUC) 8. one spare copy. HIGH COURT LNR.J DATED 8-4-2008 POST ON 18-04-2008 IN MOTION LIST. ORDER W.P.NOS. 565 AND 16511 OF 2006 DIRECTION Bsr Dt. 9-4-2008 HIGH COURT LNR.J DATED 8-4-2008 POST ON 18-04-2008 IN MOTION LIST. ORDER W.P.NOS. 565 AND 16511 OF 2006 DIRECTION