IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 8598 of 2006 Between N. Gopalam,. ..... PETITIONER AND 1 The Indian Bank, Rep by its Circle Head, Circle Office, Subbaramireddy Complex, Dabagardens, Visakhapatnam. 2 The Branch Manager, Indian Bank, Velivennu Village, West Godavari District. .....RESPONDENTS. 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 an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declare the action of the respondents in not including the name of the Writ Petition in the list of eligible candidates for appointment to the post of sub-staff as illegal, arbitrary and unjust; (ii) declare the action of the Respondents in considering the candidature of the Personnel Drivers of the Executives for recruitment to the post of sub-staff ignoring the claim of the temporary sub-staff including the petitioner as illegal, arbitrary and unjust and (iii) consequently direct the Respondents to give preference to the Writ Petitioner for recruitment to the post of sub-staff arising in the Respondent bank in preference to personnel Drivers of the Executives and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent : DR.P.BHASKARA MOHAN The Court made the following : ORDER: The petitioner, who claims to have worked as Sub-Staff, filed this Writ Petition seeking Writ of Mandamus to declare the action of the respondents in not including his name in the list of eligible candidates for appointment to the post of Sub-staff as illegal and arbitrary. The petitioner also seeks to declare the action of the respondents in considering the candidature of the Ppersonal Drivers of the Executives for recruitment to the post of sub-staff ignoring the claim of the temporary sub-staff as illegal and arbitrary. In the counter affidavit filed on behalf of the respondents, it is stated that the petitioner had earlier filed Writ Petition No. 18998 of 2007 seeking regularization and, in the said Writ Petition, no relief was granted by this Court as sought for. It is stated that in view of the order of this Court dated 16-2-1998, the petitioner is not entitle for relief as prayed in this Writ Petition. It is further stated in the counter affidavit that there is no such scheme for regularization of the services of the drivers who have completed five years as alleged. As far as the claim of the petitioner is concerned, in view of the earlier orders of this Court, and, in absence of any settlement, as a matter of right, the petitioner cannot seek inclusion of his name in the list of eligible candidates prepared for appointment to the post of sub-staff. Whether the petitioner is eligible for inclusion of his name in the list of eligible candidates or not , it is for the respondents to consider the same and the petitioner cannot seek such direction by way of Writ of Mandamus. Even with regard to the claim of the petitioner that personal drivers of the Executives are being preferred for regularization ignoring the claim of the temporary sub-staff working in the bank, it is categorically stated in the counter affidavit that there is no such scheme for regularization of the drivers also. Further, there is no material in support of the contention of the petitioner that personal drivers are being preferred for regularization. However, It is submitted by the learned Counsel for the petitioner that pursuant to the order of the Division Bench of this Court dated 16-2- 1998 the respondents are taking steps for empanelment to engage sub-staff. It is made clear that this order will not preclude the respondents from considering the claim of the petitioner for empanelment of his name. The Writ Petition is accordingly disposed of. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 19-2-2008 Msnr. To 1 The Circle Head, Indian Bank, Circle Office, Subbaramireddy Complex, Dabagardens, Visakhapatnam. 2 The Branch Manager, Indian Bank, Velivennu Village, West Godavari District. 3. Two spare copies 5. Two spare copies.