IN THE HIGH COURT OF KERALA AT ERNAKULAM OP.No. 30828 of 2002(T) 1. A.GANGADHARAN, S/O. P.CHANDU KURUP, ... Petitioner Vs 1. SOUTH MALABAR GRAMIN BANK, ... Respondent 2. GENERAL MANAGER, 3. SR.MANAGER, For Petitioner :SRI.M.RAMESH CHANDER For Respondent :SRI.T.R.RAVI The Hon'ble MR. Justice S.SIRI JAGAN Dated :18/11/2008 O R D E R S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. Nos. 30828 & 32143 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th November, 2008. J U D G M E N T
Petitioners are employees of the South Malabar Gramin Bank.
They are aggrieved by the action of the Bank in initiating proceedings
for recovering graduation increments sanctioned to the petitioners on
the ground that the petitioners have obtained only a post-graduate
degree without obtaining graduation and the increments are given
only for obtaining graduation. Validity of similar orders had been
considered by a learned Judge of this Court in respect of North
Malabar Gramin Bank in W.P(C) No.25542/2004. In that case,
agreeing with the Bombay High Court decision in Mr. Menino
Furtado v. State Bank of India and another, (W.P. 446/1993), the
learned Judge held that even if the post-graduation acquired by the
petitioner is not subsequent to the acquisition of any degree, in so far
as the Bank has no case that M.A degree obtained by the petitioner
cannot be equated even with a degree, it has to be held that the
petitioner also is entitled to graduate increments from the date of his
application. I am in respectful agreement with the said decision.
Following that decision, these original petitions are allowed holding
that the petitioners in these cases are entitled to graduation
increments although they obtained postgraduate degree without
acquiring a basic degree.
The impugned orders are therefore quashed and the petitioners
are directed to be paid arrears of graduation increments in
accordance with the orders on the subject. Orders in this regard shall
be passed within three months from the date of receipt of a copy of
Sd/- S. Siri Jagan, Judge.