IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH FEBRUARY 2011 / 29TH MAGHA 1932 WP(C).No. 5323 of 2010(M) ------------------------- PETITIONER(S): --------------- P.M.MATHAI,S/O.MANI,AGED 58 YEARS, RESIDING AT PUTHENPURAKKAL HOUSE,OONNUKKAL.P.O, ERNAKULAM DISTRICT-686 693, ASST.SECRETARY,RETD., OONNUKAL SERVICE CO-OP;BANK LTD.NO.E.58. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,TRIVANDRUM. 2. THE OONNUKAL SERVICE CO-OPERATIVE BANK LTD.NO.E 58,ONNUKAL-686 693,REP.BY ITS SECRETARY. ADV. SRI.P.V.BABY FOR R2 SRI.R.KIRAN FOR R2 GOVERNMENT PLEADER SRI.P.M.MANOJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.5323/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMMUNICATION FROM THE LIC OF INDIA DT. 16.10.2009 EXT.P2. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P4. TRUE COPY OF CIRCULAR NO.25/1999 DT. 22..6.1999 ISSUED BY THE FIRST RESPONDENT. EXT.P5. TRUE COPY OF THE JUDGMENT IN W.PC.NO.20168 OF 2008. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5323 of 2010 ----------------------------------------- Dated this the 18th day of February, 2011 JUDGMENT The petitioner was a former employee of the second respondent bank. He retired from service on 31.10.2009 on attaining the age of superannuation. While in service the petitioner was a member of the Employees Group Gratuity Life Assurance Scheme. The petitioner states that though under the said scheme the Life Insurance Corporation had paid over to the second respondent bank the sum of Rs.6,75,057/- being the maturity value payable to the petitioner, the bank disbursed only the sum of Rs.3,50,000/-. The petitioner submits that in the light of the decision of this Court in Ratnavalli v. Ambalapuzha Service Co-operative Bank Ltd. 2005(3) KLT 320 the gratuity payable to him cannot be limited to Rs.3,50,000/- in view of the better benefits which he is entitled to under the Employees Group Gratuity Life Assurance Scheme. In this writ petition the petitioner seeks a direction to the second respondent to pay over to him the balance amount of gratuity after giving credit to the W.P(C).No.5323 of 2010 -:2:- sum of Rs.3,50,000/- paid immediately after retirement. The respondent bank has been served and has entered appearance. It has not, however, chosen to deny the averment in the writ petition that under the Employees Group Gratuity Life Assurance Scheme the petitioner is entitled to receive the sum of Rs.6,75,057/- as gratuity. In such circumstances it has necessarily to be held that the petitioner is entitled to succeed. I accordingly allow the writ petition and direct the second respondent to pay over to the petitioner the balance amount of gratuity after giving credit to the sum of Rs.3,50,000/- paid at the time of retirement. Such payment shall be made expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5323 of 2010 ---------------------------- JUDGMENT 18th February, 2011