IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TEN Present HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.8748 of 2001 Between: V. Appayya Deekshithulu .. Petitioner AND 1. The Andhra Bank, Rep. by its General Manager (HRD), Head Office, Saifabad, Hyderabad. 2. The Andhra Bank, Rep. by its Assistant General Manager, Zonal Office, Eluru, West Godavari District. .. Respondents HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.8748 of 2001 ORDER: The Writ Petitioner filed this Writ Petition seeking a direction to continue him as sub-staff at Kovvur Branch or any other branch of Andhra Bank pending its disposal and then to declare his discontinuance as sub-staff earlier by a circular, dated 12.10.2000, to be illegal, arbitrary and unconstitutional and for a consequential direction to the respondents to regularize/absorb his services. 2. The Writ petitioner claimed that he was appointed as a sub-staff at Kovvur Branch of Andhra Bank in West Godavari District in 1984, being duly sponsored by the Employment Exchange and is continuing as such, being paid the minimum scale. There is sufficient work and there are clear vacancies and a memorandum of Settlement, dated 09.01.1995, was entered into under Section 12 (3) of the Industrial Disputes Act, 1947, for absorption of temporary employees. The bank issued a Circular No.310, dated 18.10.1991, for absorption of temporary employees and the writ petitioner also attended interview as per the guidelines. Though the list was prepared in 1997 empanelling temporary candidates and though there are vacancies, the bank was not taking further action and on the other hand, it issued a Circular No.230, dated 12.10.2000, to dispense forthwith the services of the temporary sub-staff. In W.P.No.1047 of 2001, this Court had in fact directed preferential consideration for the writ petitioner in the matter of engagement of service and hence, the writ petition. 3. Heard Sri K. Chidambaram, learned counsel for the writ petitioner and Sri D. Satyavathi, learned counsel representing Dr.K. Lakshmi Narasimha, learned counsel for the respondents. 4. The learned counsel for the respondents brought to notice the common order of this Court in W.P.Nos.20764 and 22061 of 2000, dated 27.12.2007, in respect of identical matters. 5. The learned Judge in the said common order was dealing with the circular issued by Andhra Bank, dated 12.10.2000, to dispense forthwith the services of the temporary sub-staff alleged to be contrary to the scheme formulated by the bank under the Settlement, dated 09.01.1995, under Section 12 (3) of the Industrial Disputes Act, 1947, and noted that the bank claimed that in pursuance of the Settlement during the course of Conciliation Proceedings, dated 09.01.1995, the bank has to utilize empanelled temporary sub-staff initially in leave vacancies and then consider regularization of services as and when regular vacancies arise subject to seniority and also to the rule of reservation. The bank also admitted that the panels prepared are followed until all the empanelled candidates are absorbed and the panels did not lapse. The learned counsel for the respondents herein submitted that the absorption and continuance in service is, therefore, depending on the availability of initial leave vacancies and then regular vacancies and the learned Judge noted that the bank admitted its obligation to continue the empanelled candidates and also rejected the claims of the writ petitioners therein for immediate absorption. The averments, admissions and statements made by the Andhra Bank were recorded by the learned Judge and the Writ Petitions were, accordingly, disposed of. 6. As the present Writ Petition also involves the obligations arising under the Settlement, dated 09.01.1995, for the bank to absorb the service of the writ petitioner, the recording of averments, admissions and statements made by the Andhra Bank in W.P.Nos.20764 and 22061 of 2000 on 27.12.2007 holds good for this Writ Petition also. 7. Accordingly, this Writ Petition also is disposed of in terms of the said common order. No costs. _____________________ G. BHAVANI PRASAD, J Date: 26th November, 2010 KL HON’BLE SRI JUSTICE G. BHAVANI PRASAD WRIT PETITION No.8748 of 2001 Date: 26th November, 2010 KL