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A.Gangadharan vs South Malabar Gramin Bank on 18 November, 2008

Kerala High Court
A.Gangadharan vs South Malabar Gramin Bank on 18 November, 2008
       

  

  

 
 
  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

this judgment.

Sd/- S. Siri Jagan, Judge.

Tds/

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