IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3179 of 2004 Between: M.V. Raghavendra, S/o. Rama Murthy, Hindu, Kothuru Branch, Nellore District, R/o. D.No.20/235, Mulapet, Nellore District. ..... PETITIONER AND 1 The Andhra Bank rep., by its Chairman and Managing Director, Dr. Pattabhi Bhavan, Secretariat Road, Saifabad, Hyderabad. 2 The Andhra Bank, Zonal Office, Tirupathi, Chittoor District, rep., by its Deputy Manager. 3 The Andhra Bank, Kothuru Branch, Nellore District, rep., by its Branch Manager. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the action of the respondents in giving artificial breaks to the services of the petitioner and not continuing the petitioner atleast in the present branch where the petitioner is working in a permanent vancacy of sub-staff pending his regularisation, as illegal arbitrary and in violation of Article 21 of the Constitution of India and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the respondents not to given any break the services of the petitioner in the branch where the petitioner is working at present. Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent : MR.ABHINAND KUMAR SHAVILI FOR RMAPP. The Court made the following : ORAL ORDER: The learned counsel on either side fairly conceded that the issue that arises for consideration in this writ petition is squarely covered by judgment rendered by this Court in W.P.No.20764 and 22061 of 2000 dated 27.12.2007 and this writ petition is also liable to be disposed of in terms of the said judgment. It may be noticed, the Bank has clearly and categorically admitted its obligation to continue in temporary service those empanelled candidates who are yet to be absorbed subject to availability of leave vacancies and on rotation basis. The bank has 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. The bank’s counter affidavit also states that the impugned circular dated 12.10.2000 is not intended to be in subversion of any of the bank’s obligations under the settlement dated 9.1.1995. 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 9.1.1995 or would be disengaged forthwith irrespective of the availability of leave vacancies in the districts to which each of the petitioners respective belong. Petitioners claim for immediate absorption has also no basis in the settlement. In view of the above, the writ petition is disposed of directing the respondents to engage the petitioner as per settlement and regularize his services as per his turn. ____________ C.V.RAMULU, J Date: 24.3.2008 DA