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Madras High CourtWMP/7817/2025allowed

All India Union Bank Officer Staff Association v. Union Of India

2025-03-06Honourable Mr Justice C.V. Karthikeyan4 pages

W.M.P.No.7817 of 2025 in W.P.No.28838 of 2024 C.V.KARTHIKEYAN, J.

This petition has been filed seeking to add paragraph Nos.4 and 5 as paragraph Nos.31(a) and 31(b) in the affidavit filed in support of the writ petition and to further include paragraph No.6 as paragraph No.(i) of the grounds in the affidavit filed in support of the writ petition. 2.The necessity to file this particular petition seeking to add further paragraphs in the affidavit filed in support of the writ petition is the issuance of the transfer policy in Staff Circular No. 8546 which had been introduced by the bank on 24.02.2025 pending the writ petition.

3. It is contended by the learned Senior Counsel that the policy is pari materia the same as has been challenged in the writ petition, but since, the policy had been reiterated by Staff Circular No. 8546 dated 25.02.2025, it was imperative that the petitioners also question that 1/4

particular policy. It is contended that the challenge is only an extension of the relief sought in the earlier writ petition and there is no shift in the nature of the pleadings or in the challenge to the transfer policy. 4.Heard the learned counsel for the respondents also. 5.Taking into consideration the fact that it is only appropriate that circulars which were in force on the date of the writ petition and circulars issued pending the writ petition are both taken up for consideration by this Court as otherwise, the petitioners would have to file a separate writ petition, which would only lead to multiplicity of proceedings, which is to be avoided, the petition stands allowed. 6.Amendment to be carried by incorporating paragraph Nos.6 and 7 in the affidavit filed in support of this petition as paragraph Nos.31(a) and 31(b) of the affidavit filed in support of the writ petition and also to include paragraph No.6 of this affidavit as paragraph (i) of the grounds of challenge as stated in the main writ petition. This will also 2/4

necessarily include amending the relief sought in the writ petition to also question the Staff Circular No. 8546 dated 24.02.2025 and the amendment to the relief sought in the writ petition is also permitted. 7.The Registry is directed to carry out necessary amendment. 8.The learned counsel on record for the petitioners may serve the amended copy of the affidavit in the writ petition on the learned counsel for the respondents. If required an additional counter may be filed, but restricting it only to the amendment now introduced by the petitioners.

06.03.2025 smv 3/4

C.V.KARTHIKEYAN, J.

smv W.M.P.No.7817 of 2025 in W.P.No.28838 of 2024 06.03.2024 4/4