Service Conditions of Merging Banks with SBI Challenged in Appeal

Hyderabad: A two-judge panel of the Telangana High Court comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Moinuddin, admitted an appeal challenging the terms of merger of five associate banks with the State Bank of India (SBI) introducing new service conditions for employees. The appeal filed by P.T.M. Gopala Krishna and others, contended that parts of the government orders for the State Bank of Bikaner and Jaipur, State Bank of Hyderabad, State Bank of Mysore, State Bank of Patiala, and State Bank of Travancore, along with clauses in option letters issued in March 2017 were illegal and arbitrary. According to the petitioners, the option letters forced staff to either accept changed terms or resign, and were issued by the chief general manager who did not have the authority to decide service conditions which were only to be made by the SBI Central Board under the State Bank of India Act, 1955. Earlier, a single judge dismissed their petition, ruling that they lacked legal standing to challenge the orders and noting that most of the officers in the associate banks voluntarily switched from contributory provident fund to pension. The appellants now contend that the earlier judgment overlooked key legal issues and relied on developments that happened after their case was filed. The court accordingly issued notice to the Reserve Bank of India and the matter is posted for further hearing.

2. Occupancy certificate mandatory for power supply :HC

Justice Nagesh Bheemapaka of the Telangana High Court held that electricity supply to multi-storied buildings over 10 metres in height cannot be released without the mandatory production of an occupancy certificate from the competent municipal authority. The judge was dealing with a writ plea filed by Mohammed Arif Rizwan, the owner of a commercial property at Himayathnagar, seeking a direction to the Telangana State Southern Power Distribution Company Limited (TGSPDCL) to release an electricity connection without insisting on the occupancy certificate. The petitioner claimed to have constructed the stilt plus five-storey building as per the sanctioned plan approved by the GHMC and paid all requisite charges. He contended that TGSPDCL even sanctioned the connection in January, but withheld supply on the ground that the certificate was not furnished. Counsel for the petitioner relied on earlier High Court orders where interim power supply was allowed subject to an undertaking to submit the certificate within a stipulated time. However, senior counsel G. Vidya Sagar appearing for TGSPDCL argued that many beneficiaries of such orders never submitted the certificates, continuing to enjoy power supply despite violations of sanctioned plans. The judge took serious note of what it described as “mushrooming” of unauthorised floors after plan approval, followed by attempts to regularise such deviations. The judge ruled that it could not be a “mute spectator” to such practices, which undermine civic regulation and public interest. The judge taking note of the recent ruling of the apex court on the subject said that service connections for electricity, water, or sewerage can only be provided after the issuance of valid completion or occupancy certificates.

3. HC frees trafficking survivor

A two-judge panel of the Telangana High Court on Wednesday released a major from the custody and care of the child welfare committee of Yadadri Bhuvanagiri district. The panel of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar was dealing with a writ plea filed by Kamsani Kumari, seeking custody of a victim of child trafficking. The panel interacted with the detenue/adolescent. It recorded that the girl wanted to go back to the writ petitioner in unequivocal terms. In view of the fact that the girl was major, the panel said that she could not be stopped. However, it directed the local unit of the CWC to monitor the child every month to ensure her wellbeing and safety.

4. Accused in brothel case gets bail

The Telangana High Court granted conditional bail to the accused who allegedly organised a brothel. According to the prosecution, police raided the premises based on credible information, and found customers along with a victim. It was pointed out to the court that though the petitioner was not present at the scene, he played an active role in organising it. He was arrested on July 11 and has been in custody since. It is the case of the prosecution that the petitioner was guilty of offences under the Immoral Traffic (Prevention) Act. Counsel for the petitioner contended that he was falsely implicated and that the material part of the investigation, including examination of witnesses and the victim, has been completed. Observing that the petitioner is in jail for a month and that the crucial part of the investigation was completed, the judge granted conditional bail to the accused.