IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 20810 of 2003(B) -------------------------------------- PETITIONER(S): ---------------------- GEORGE T.U., CLERK, SOUTH MALABAR GRAMIN BANK, TUNERI BRANCH, NADAPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------ 1. SOUTH MALABAR GRAMIN BANK, REPRESENTED BY CHAIRMAN, MALAPPURAM. 2. GENERAL MANAGER, P.A. DEPARTMENT, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. 3. SENIOR MANAGER, P.A. DEPARTMENT, SOUTH MALABAR GRAMIN BANK, HEAD OFFICE, MALAPPURAM. BY ADV. SRI.T.R.RAVI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 20810/2003-B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 25/06/2002. EXT.P2: COPY OF THE COMMUNICATION DATED 23/07/2002. EXT.P3: COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 26/07/2002. EXT.P4: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DATED 26/11/2002. EXT.P5: COPY OF THE COMMUNICATION DATED 06/01/2003. EXT.P6: COPY OF THE JUDGMENT IN W.P.(C). NO. 25542/2004 DATED 22/11/2006 OF THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20810/2003-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of December, 2008. J U D G M E N T The petitioner had joined as Clerk in the South Malabar Gramin Bank with effect from 20/08/1994. He was not a graduate when he joined the bank. The petitioner pursued his studies and passed MA Degree (Sociology) with II Class from Madurai Kamaraj University. His claim for graduation increment was rejected by Ext.P2 stating that as he had completed the post graduate degree without graduation, he was not eligible for graduation increment. Exts.P3 and P4 are the representations against Ext.P2 submitted by him before the second respondent. 2. Along with I.A.No.7059/2008, the petitioner has produced Ext.P6 the copy of the judgment in W.P.(C).No.25542/2004, wherein the same issue was decided by this Court in respect of an employee of the North Malabar Gramin Bank. In that case, the decision of the Bombay High Court in Mr.Menino Furtado v.State Bank of India and another [W.P.446/1993] was relied upon by the learned Single Judge and finally, it was held in paragraph (6) that even if the post graduation acquired by the petitioner is not subsequent to the acquisition of any degree, respondent has no case that M.A degree obtained by the petitioner cannot be equated with W.P.(C). No.20810/2003 -:2:- even to degree. In such circumstances, it has to be held that petitioner also is entitled for graduation increment from the date of his application Ext.P2. In recent judgment in A.Gangadharan v. South Malabar Gramin Bank and others [O.P.No.30828/2002 and connected cases], the dictum laid down in the above judgment was followed. The petitioners in those cases have been held entitled to graduation increments although they obtained Post Graduate Degree without acquiring a basic degree. I am in respectful agreement with the dictum laid down in the above decisions by this Court. The situation herein is the same. Therefore, Exts.P2 and P5 are quashed. It is declared that the petitioner is entitled for graduation increment in accordance with all the orders on the subject although he obtained Post Graduate Degree without acquiring a basic degree. Appropriate orders will be passed within three months from the date of receipt of the copy of this judgment and the petitioner shall be disbursed the monetary benefits due within such time. No costs. (T.R. Ramachandran Nair, Judge.) ms W.P.(C). No.20810/2003 -:3:- ORDER ON I.A.NO.7710/2003 IN W.P.(C) No.20810/2003 DISMISSED. SD/-T.R.RAMACHANDRAN NAIR, JUDGE 17/12/2008 \\TRUE COPY// P.A TO JUDGE W.P.(C). No.20810/2003 -:4:- T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20810/2003-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 1 7 t h D e c e m b e r , 2 0 0 8 .