IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22888 of 2007(Y)
1. THE DEPUTY GENERAL MANAGER,
... Petitioner
Vs
1. THE GENERAL SECRETARY,
... Respondent
2. CENTRAL GOVERNMENT INDUSTRIAL
For Petitioner :SRI.S.EASWARAN
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :27/05/2009
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 22888 OF 2007
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Dated this the 27th day of May, 2009
JUDGMENT
The petitioner in this writ petition is the Deputy General
Manager, Indian Bank, Circle office, Ernakulam. He is challenging
Ext.P4 award passed by the Central Industrial Tribunal cum Labour
Court, Ernakulam in ID No.231/06, wherein he was the management.
The issue referred for adjudication in that ID was as follows:
“Whether the action of he management of Indian Bank in
denying the graduation allowance to Shri.Vijayan Narendran,
Clerk/Shroff, w.e.f.5.12.1992 is legal and justified? If not, to
what relief the said workman is entitled?”
2. The workman in that case obtained Master of Arts in History
from the University of Mysore in 1992 without undergoing a Graduate
course. The question involved was whether a Post Graduate degree
obtained without undergoing a course in Graduation can be
recognized as a degree for Graduation allowance. The Tribunal
relying on two decisions, namely, Krishnappa M. v. S.B.I [2003(3)
LLJ 1137] and Menino Furtado v. State Bank of India [1992(2)
Serv.LJ 148(Bom.)] held that the Masters Degree obtained without
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first obtaining a BA/B.Sc degree is sufficient for the purpose of grant
of Graduation allowance. That award is under challenge before me.
3. The main contention raised by the petitioner is that the
Masters degree obtained without undergoing a Graduate course is
not recognizable as a degree for graduation allowance. He relies on
the decision of the Supreme Court in Annamali University Rep. By
Registrar and another v. Secretary to Government Information
and Tourism Dept. & others reported in CDJ 2009 SC 348.
4. I have heard both sides. The very same question had been
earlier considered by a learned Judge of this Court in respect of the
employees of the South Malabar Gramin Bank in W.P.(C) No.
25542/04 in which the learned Judge agreed with the Bombay High
Court decision in Furtado’s(supra) case. Following that judgment, in
OP Nos.30828 and 32143/02, I had also allowed similar writ petitions
in respect of South Malabar Gramin Bank holding that employees
who obtained Masters Degree without undergoing an undergraduate
course is also eligible for graduation allowance. That being so,
following those judgments, this writ petition is liable to be dismissed.
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5. As far as the judgment relied upon by the learned counsel
for the petitioner is concerned, the same specifically go to show that
the University Grants Commission itself had treated PG degree
obtained without undergoing an undergraduate course up to 1999 as
valid. In this case, the workman had obtained the PG degree in
1992. That being so, the decision in the case relied upon by the
petitioner cannot be applied to the facts of this case. In any case
the degree in question is not being considered for admission to
higher course or for employment, but only for an allowance for
obtaining a degree. In the above circumstances, I do not find any
merit in the writ petition and accordingly the same is dismissed.
S. SIRI JAGAN, JUDGE
ttb