IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 OP.No. 30828 of 2002(T) ----------------------- PETITIONER(S): --------------- A.GANGADHARAN, S/O. P.CHANDU KURUP, AGED 47 YEARS, CLERK, SOUTH MALABAR GRAMIN BANK, KAKKATTIL BRANCH, BADAGARA. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): --------------- 1. SOUTH MALABAR GRAMIN BANK, REPRESENTED BY CHAIRMAN, POST BOX NO.10, HEAD OFFICE, MALAPPURAM. 2. GENERAL MANAGER, SOUTH MALABAR GRAMIN BANK, P.B.NO.10, HEAD OFFICE, MALAPPURAM. 3. SR.MANAGER, SOUTH MALABAR GRAMIN BANK, P.A. DEPARTMENT, P.B.NO.10, HEAD OFFICE, MALAPPURAM. ADV. SRI.T.R.RAVI FOR R1&2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/11/2008, ALONG WITH OP NO. 32143 OF 2002 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 30828/2002 -------------------------------------------------------------- EXT.P1 COPY OF ORDER DT. 6-5-1994. EXT.P2 COPY OF INCREMENT CERTIFICATE. EXT.P3 ORDER DT. 17-10-2002. [TRUE COPY] P.S TO JUDGE. 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/