D RAJ; C PADMANABHAN Vs. CHIEF OFFICER
LAWS(MAD)-2006-10-286
HIGH COURT OF MADRAS
Decided on
October 16,2006
D RAJ; C PADMANABHAN
Appellant
VERSUS
CHIEF OFFICER
Respondents
Referred Judgements :-
MR. MENINO FURTADO V. STATE BANK OF INDIA BY ITS CHAIRMAN AND ORS. [REFERRED]FIRST INCOME TAX OFFICER SALEM VS. SHORT BROTHERS PRIVATE LIMITED [REFERRED]
L HIRDAY NARAIN VS. INCOME TAX OFFICER BAREILLY [REFERRED]
PREMIER AUTOMOBILES LIMITED AUTOMATIC ELECTRIC PVT LIMITED VS. KAMLEKAR SHANTARAM WADKE OF BOMBAY :ENGINEERING MAZDOOR SABHA [REFERRED]
STATE OF UTTAR PRADESH VS. INDIAN HUME PIPE COMPANY LIMITED [REFERRED]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. KRISHNA KANT [REFERRED]
SCOOTERS INDIA VS. VIJAI E V ELDRED [REFERRED]
CHANDRA KANT TUKARAM NIKAM VS. MUNICIPAL CORPORATION OF AHMEDABAD [REFERRED]
U P STATE BRIDGE CORPORATION LTD VS. U P RAJYA SETU NIGAM S KARAMCHARI SANGH [REFERRED]
U P STATE SPINNING CO LTD VS. R S PANDEY [REFERRED]
M KRISHNAPPA VS. STATE BANK OF INDIA [REFERRED]
INDIAN ADDITIVES LTD VS. INDIAN ADDITIVES EMPLOYEES UNION [REFERRED]
JUDGEMENT
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(1.)W.P. No. 12796 of 1995 has been filed praying for issuance of a writ of certiorarified mandamus, to call for the entire records pertaining to the proceedings of the first respondent made in Ref.F. No. PAD/178/CL-Q/179, dated 6.5.1992 and PAD:178:CL-Q:8, dated 16.5.1995 and quash the aforesaid proceedings dated 6.5.1992 and 16.5.1995 and consequently direct the respondents to grant the graduation increments due to the petitioner from the date of passing the post-graduate degree course.
(2.)W.P. No. 12797 of 1995 has been filed praying for issuance of a writ of certiorarified mandamus, to call for the entire records pertaining to the proceedings of the first respondent made in Ref. No. C.620/ZOM/PD/WS/92, dated 29.7.1992 and Ref. No. ZOM/PD/WS/IF.868/95, dated 19.4.1995 and quash the aforesaid proceedings dated 29.7.1992 and 19.4.1995 and consequently direct the respondents to grant the graduation increments due to the petitioner from the date of passing the post-graduate degree course.
(3.)Facts in W.P. No. 12796 of 1995: Petitioner-D.Raj was appointed as Driver in the respondent-Bank on 2.5.1977 and promoted to the clerical cadre in 1981 as Shroff/Godown Keeper and had completed 18 years of service. Petitioner while joining the service in the year 1977 had acquired S.S.L.C. qualification. Subsequently, he pursued his studies through Distance Education offered by the Mysore University under the Open University System and successfully passed the post-graduate degree in M.A. (Political Science) in June 1991. Thereafter, the petitioner represented to the first respondent on 4.3.1992 that he had passed his M.A. (Political Science) from the abovesaid University and claimed graduation increment permissible under the Rules. The petitioner was however informed by the first respondent by proceedings dated 6.5.1992 that as per the Indian Banks' Association guidelines, a member who is not a graduate but has acquired post-graduation of a recognised University without passing graduation, will not be eligible for graduation increment and therefore, his claim was rejected. Further representation dated 15.5.1995 was made to the first respondent. This was also rejected by the first respondent by proceedings dated 16.5.1995 reiterating the earlier rejection dated 6.5.1992. It is against these proceedings, W.P. No. 12796 of 1995 has been filed.
(2.)W.P. No. 12797 of 1995 has been filed praying for issuance of a writ of certiorarified mandamus, to call for the entire records pertaining to the proceedings of the first respondent made in Ref. No. C.620/ZOM/PD/WS/92, dated 29.7.1992 and Ref. No. ZOM/PD/WS/IF.868/95, dated 19.4.1995 and quash the aforesaid proceedings dated 29.7.1992 and 19.4.1995 and consequently direct the respondents to grant the graduation increments due to the petitioner from the date of passing the post-graduate degree course.
(3.)Facts in W.P. No. 12796 of 1995: Petitioner-D.Raj was appointed as Driver in the respondent-Bank on 2.5.1977 and promoted to the clerical cadre in 1981 as Shroff/Godown Keeper and had completed 18 years of service. Petitioner while joining the service in the year 1977 had acquired S.S.L.C. qualification. Subsequently, he pursued his studies through Distance Education offered by the Mysore University under the Open University System and successfully passed the post-graduate degree in M.A. (Political Science) in June 1991. Thereafter, the petitioner represented to the first respondent on 4.3.1992 that he had passed his M.A. (Political Science) from the abovesaid University and claimed graduation increment permissible under the Rules. The petitioner was however informed by the first respondent by proceedings dated 6.5.1992 that as per the Indian Banks' Association guidelines, a member who is not a graduate but has acquired post-graduation of a recognised University without passing graduation, will not be eligible for graduation increment and therefore, his claim was rejected. Further representation dated 15.5.1995 was made to the first respondent. This was also rejected by the first respondent by proceedings dated 16.5.1995 reiterating the earlier rejection dated 6.5.1992. It is against these proceedings, W.P. No. 12796 of 1995 has been filed.
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