Allowed

Muraleedharan M. v. Kozhikode District Co-Operative Bank

Kerala HC11 Mar 2013WP(C)/14764/2012

Case brief

AI extract

What is this about?

Petitioners, Senior Accountants in cooperative banks, challenged their non-promotion on the ground that their degrees from Tamil Nadu Open University were valid under UGC recognition rules despite Kerala authorities insisting on equivalency certificates. The Court held that UGC-recognised degrees suffice under Rule 186 and directed the banks to process promotions.

What did the court decide?

The petition is allowed; the challenged communication letters setting aside eligibility are set aside; the respondents are directed to provide promotions to the petitioners considering their respectiv

Muraleedharan M. Vs Kozhikode District… — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934

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WP(C).No. 14764 of 2012 (U)

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PETITIONERS:

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1. MURALEEDHARAN M. , SENIOR ACCOUNTANT KOZHIKODE DISTRICT CO-OPERATIVE BANK, MAVOOR BRANCH KOZHIKODE

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2. N.T.SHAJI, ACCOUNTANT, CHERODE SERVICE CO-OPERATIVE BANK LTD NO L L 139, CHERODE P.O., VADAKARA-6 KOZHIKODE-673 106

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENTS:

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1. KOZHIKODE DISTRICT CO-OPERATIVE BANK

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REP.BY ITS GENERAL MANAGER, CHALAPPURAM P.O. KALLAI ROAD, KOZHIKODE-673 002

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2. CHERODE SERVICE CO-OPERATIVE BANK LTD, NO.L.L139., REP.BY SECRETARY, CHERODE P.O. VADAKARA-6, KOZHIKODE-673 106

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3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) KOZHIKODE-673 001

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Addl.4. KOZHIKODE DISTRICT CO-OPERATIVE BANK

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REPRESENTED BY ITS ADMINISTRATOR, CHALAPPURAM.P.O. KALLAI ROAD, KOZHIKODE - 673 002. ADDL. R4 IS IMPLEADED AS PER ORDER DATED 11/10/2012 IN IA 13664/2012.

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R1 BY ADV.SRI.R.SUDHISH, SC, KOZHIKODE DIST.CO.OP. BANK, LTD. BY GOVERNMENT PLEADER SMT.LILLY K.T.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 14764 of 2012 (U)

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PETITIONER(S) EXHIBITS

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EXT.P1:A TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE DTD 10/4/2012 ALONG WITH MARK LIST IN THE CASE OF THE FIRST PETITIONER.

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EXT.P2:A TRUE COP Y OF TH EPROVISIONAL DEGREE CERTIFICATE DTD 10/4/2012 ALONG WITH MARK LIST IN THE CASE OF THE 2ND PEITIONER.

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EXT.P3:A TRUE COPY OF THE RELEVENT PAGES OF LIST OF UNIVERSITY RECONGNIZED BY THE UNIVERSITY GRANTS COMMISSION AND CERTIFICATE ISSUED BY THE UGC DTD AUGUST, 2004

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EXT.P4:A TRUE COPY OF THE NOTIFICATIN DTD 01/03/1995 OF THE MINSTRY OF HUMAN RESOURCE DEVELOPMENT.

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EXT.P5:A TRUE COPY OF THE NOTIFICATIN DTD 8/4/2008 OF THE INDIRA GANDHI NATINAL OPEN UNIVERSITY,

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EXT.P6:A TRUE COPY OF THE COMMUNICATIN DTD 13/6/2012 OF THE FIRST RESPONDENT.

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EXT.P7:A TRUE COPY OF THE LETTER DTD 19/6/2012 OF THE 2ND RESPONDENT.

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EXT.P8:A TRUE COPY OF THE JUDGMENT DTD 24/11/2010 IN WPC NO 23529/2010

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EXT.P9:-A TRUE COPY OF THE JUDGMENT REPORTED IN 2011 (3)KHC 65. EXT.P10. COPY OF THE RELEVANT PAGE OF THE SENIORITY LIST.

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WP(C).No. 14764 of 2012 (U)

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EXT.P11. COPY OF THE INTERIM ORDER DATED 17.7.2012.

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EXT.P12. COPY OF THE PROM OTION ORDER DATED 25.7.2012 OF SRI.BALAKRISHNAN C.K.

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EXT.P13. COPY OF THE PROMOTION ORDER DATED 25.7.2012 OF SATHEESH KUMAR K.N.

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EXT.P14. COPY OF THE PROMOTION ORDER DATED 25.7.2012 OF KRISHNAKUMAR C.M.

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EXT.P15. COPY OF THE PROMOTION ORDER DATED 25.7.2012 OF SATHEESH V.P.

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EXT.P16. COPY OF THE CERTIFICATE ISSUED BY THE TRAINING INSTITUTE.

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EXT.P17. COPY OF THE ORDER DATED 6.8.2012 OF THIS COURT.

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EXT.P18. COPY OF THE COMMUNICATION DATED 13.8.2012 OF THE FIRST RESPONDENT

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EXT.P19. COPY OF THE ORDER DATED 2.2.2010 OF THE GOVERNMENT.

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RESPONDENTS' EXHIBITS : ---------------------

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R1.(A). COPY OF THE LETTER DATED 2.5.2012 SENT BY THE 1ST PETITIONER. EXT. R1 (B). COPY OF THE LETTER DATED 8.6.2012 SUBMITTED BEFORE THE BANK.

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EXT.R1 (C). COPY OF THE LETTER DATED 13.6.2012 SENT BY THE BANK EXT.R1 (D). COPY OF THE LETTER DATED 21.6.2012 SENT BY THE 1ST PETITIONER.

/ TRUE COPY /

P.A. TO JUDGE

A.M. SHAFFIQUE, J

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W.P.(C). NO. 14764 OF 2012

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Dated this the 11^th day of March, 2013

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JUDGMENT

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The petitioners had obtained graduation from the Tamil Nadu Open University. Their promotions were withheld on account of the fact that it was not a recognised University. Petitioners have produced Ext. P3, a list of Universities which are recognised by the University Grants Commission (UGC) and item No. 224 shows that Tamil Nadu Open University has also been recognised by UGC. The relevant certificate dated August 2004 issued by UGC, including the Tamil Nadu Open University in the list of Universities maintained by UGC under Section 2(1) of the UGC Act, 1956 is also produced.

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Ext. P5 is a communication of Distance Education Council of IGNOU approving the Distance Education Programme of Tamil Nadu Open University.

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The Bank however took a stand that unless equivalency certificate is produced from the Universities of Kerala, the petitioners certificates cannot be accepted.

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W.P. (C) NO. 14764 OF 2012

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The petitioners have placed reliance on Ext. P8 and P9 judgments to indicate that, recognised university

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under Rule 186 of the Co-operative Societies Rules does not mean that the Degree should be from the University approved by the Universities of Kerala. Going by the judgments relied upon, there cannot be any doubt to this proposition. In that view of the matter, the certificates obtained by the petitioners from the Tamil Nadu Open University shall make them eligible for promotions as those certificates are issued by a “recognised university” as per Rule 186 of the Co-operative Societies Rules.

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In the result, this writ petition is allowed and Ext. P6 and P7 are set aside. The 1^st and 2^nd respondents are directed to give the petitioners promotion taking into account the respective date of eligibility from the date when they have passed the examination.

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Sd/- A.M. SHAFFIQUE JUDGE

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DCS

Muraleedharan M. v. Kozhikode District Co-Operative Bank

Case brief

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Muraleedharan M. v. Kozhikode District Co-Operative Bank

Case brief

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