IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24945 of 2001 Date:25.11.2010 Between: G. Subba Rao. .....Petitioner AND Andhra Bank, rep. by its Chairman and Managing Director, Secretariat Road, Hyderabad and 3 others. ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24945 of 2001 ORDER: None appeared for petitioner and there is no representation on behalf of the petitioner. The counsel for the respondents has brought to the notice of this Court that batch of Writ Petitions of similar claims are disposed of by this Court by the learned single Judge in W.P.Nos.20764, 22061 of 2000 on 27.12.2007. In the above said judgment, his Lordship has observed that as per Clause 8 (c ) of the Settlement does not obligate the bank to continue any casual empanelled temporary sub-staff until absorption into regular vacancies. Paragraph 8 ( c ) merely ensures that the bank should employee the empanelled temporary sub-staff proportionate to the availability of leave vacancies and on rotation. The Bank also pleaded that the rotational methodology is adopted to ensure equitable opportunity to all the empanelled sub-staff, as the availability of leave vacancies is lesser than the number of temporary sub-staff available for such casual engagement and it also pleaded that they would not absorb in terms of the settlement dated 09.01.1995. In the present case, the petitioner has also admitted about the bipartite settlement dated 19.10.1966 and as per the said settlement a temporary workman may also be appointed to fill up a permanent vacancy provided such temporary appointment shall not exceed a period of three months during which period the bank shall make arrangements for filling up the vacancy permanently. As per the said settlement, the respondent bank has formulated a scheme for empanelment/absorption of temporary employees vide circular dated 18.10.1991 and as per the said circular, the respondent bank has to draw panel of eligible persons who have worked in sub-staff cadre in their bank on temporary basis for 90 days or more, subsequent to 01.01.1982 and initially, the candidates enlisted in the panel shall be considered for temporary appointments in leave vacancies and on rotation basis. The petitioner is apprehending that his services may likely to be terminated and hence he filed this writ petition to direct the respondents to absorb him in the services of the bank. This Court by interim order dated 06.12.2001 in W.P.M.P.No.31542 of 2001 ordered that the petitioner’s service shall be continued until a regular selected candidate is replaced by him. As per the scheme evolved by the respondent-Bank, the empanelment sub-staff will be engaged on rotation methodology in order to ensure equitable opportunity to all the empanelled sub-staff, as the availability of leave vacancies is lesser than the number of temporary sub-staff available for such casual engagement. Since the petitioner is also situated in the similar situation as that of the petitioners in W.P.Nos. 20764, 22061 of 2000, there appears any basis for the apprehension of the petitioner that he would not be absorbed in terms of the settlement dated 09.01.1995 or would be disengaged forthwith irrespective of the availability of leave vacancies in the districts to which each of the petitioner belongs. The petitioner claims for immediate absorption is not in accordance with the settlement. Therefore, there are no merits in this writ petition and the respondent-bank can follow the scheme formulated as per the settlement dated 09.01.1995 for absorbing the petitioner. Accordingly, the Writ Petition is disposed of in terms of the orders passed in W.P.Nos. 20764, 22061 of 2000 by this Court on 27.12.2007. ______________________ P. DURGA PRASAD,J November 25, 2010 GK. THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION No.24945 of 2001 Date: 25.11.2010 Gk.