M KRISHNAPPA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THOUGH posted in Orders list, with the consent of the learned counsel appearing for the Parties, this petition is taken up for final hearing and disposed of this by Order.

(2.) THE petitioner in this petition is a Senior Assistant working in the establishment of the 1st Respondent-Bank. The petitioner, when he initially joined the Bank he had passed only Pre-University course examination. However, during the course of his employment, after obtaining the permission from the 1st respondent-Bank, he appeared for Master of Arts Post-graduation degree examination conducted by the University of Mysore under Open University scheme and obtained Post-graduation degree on 8th March 1990. Open University Scheme is the scheme introduced by the University of Mysore to enable such of those persons who are desirous of obtaining post-graduation degree even without attending the classes or completing the Bachelor?s Degree. After obtaining the postgraduation degree, the petitioner made a request with the respondents to give him two additional graduation increments in terms of Sastry Award as amended by Fifth Bipartite Settlement dated 29th June 1990, entered into between the Employees? of the banking industry and the Bank Management. The Fifth Bipartite settlement provides that the graduate employees in the establishment of Banks are entitled for two additional graduation increments with effect from 1st July 1990. The claim made by the petitioner came to be rejected by the Bank by means of its communication dated 4th June 1990, a copy of which has been produced as Annexure-D to the petition. However, the petitioner even after the receipt of communication Annexure-D, made several representations to the Bank to consider his claim of payment of two additional graduation increments. The last of the said representation dated 19th July 1999, a copy of which has been produced as Annexure-F to the petition, was given to the Bank for payment of two additional graduation increments. Further, during the pendency of this petition also, pursuant to the representation given by the petitioner, the Bank by means of its communication dated 18th February 2002, a copy of which has been produced as annexure-L to the petition, again rejected the claim of the petitioner for payment of two additional graduation increments.

(3.) SRI P. S. Rajgopal, learned Counsel appearing for the petitioner, in support of the prayer of the petitioner that he is entitled for two additional graduation increments, submitted that even before the amendment of Fifth Bipartite Settlement, such of those employees who had acquired additional qualification of graduation were entitled for payment of two additional graduation increments. In this connection, he drew my attention to paragraph 121 (1) of the Sastry Award; and submitted that when the petitioner has acquired Post-graduation degree in the year 1990, in terms of the fifth Bipartite settlement entered into between the Employees? and the Management of the Bank, it is not permissible for the Bank to deny two additional graduation increments for which the petitioner is entitled. According to the learned Counsel, the object of the Fifth bipartite Settlement providing two additional graduation increments was to encourage the staff of the Bank to improve the quality of their performance by acquiring higher qualifications and the same are given as an incentive. He submitted that under similar circumstances while considering the similar question, the Division bench of the Bombay High Court, in the case of STATE BANK OF india vs DEPUTY GENERAL MANAGER1 made in Writ Petition no. 446 of 1993 disposed of on 18th September 1998 has taken the view that the employees who have secured Post-graduation degree without securing a Bachelor?s Degree are also entitled for two additional graduation increments in terms of the Fifth Bipartite settlement.