High Court Kerala High Court

The Deputy General Manager vs The General Secretary on 27 May, 2009

Kerala High Court
The Deputy General Manager vs The General Secretary on 27 May, 2009
       

  

  

 
 
  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.
                   -------------------------------------------------
                        W.P.(C)No. 22888 OF 2007
                   -------------------------------------------------
                   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

WPC :22888/07
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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.

WPC :22888/07
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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