IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18669 of 2009(C) -------------------------- PETITIONER(S): --------------- K.M.ISMAIL KUNJU,S/O.MOHAMMED KUNHU ASAN AGED 60 YEARS,ASSIM MANZIL(KURAVARAYYATHU THEKKATHIL),PUTHENCHANTHA.PO,CHAVARA,KOCHI-691587. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR,OFFICE OF KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.,THIRUVANANTHAPURAM. 2. THE DIVISIONAL MANAGER,LIFE INSURANCE CORPORATION OF INDIA,PATTOM,THIRUVANANTHAPURAM. BY SC FOR R1 SRI. M. RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18669 OF 2009 ------------------------ Dated this the 3rd day of July, 2009. JUDGMENT Petitioner has retired from the service of the first respondent on 30.4.2006. The first respondent had subscribed the Group Gratuity Pure Endowment Scheme with the 2nd respondent. Petitioner submits that for settlement of his gratuity , the 2nd respondent had paid to the first respondent an amount of Rs.5,15,000/-. However, the first respondent has paid only an amount of Rs.3,50,000/-. It is in these circumstances, the writ petition is filed, praying for a direction to pay the balance gratuity amount. 2. This court has already in the judgment in Ratnavalli V. Ambalapadu Service Co-operative Bank Ltd. (2005(3) KLT 320) held that an employee retired from service is entitled to be paid full gratuity without any ceiling WP(c).No.18669/09 2 as has been done in this case. Therefore, the petitioner is entitled to succeed. Having regard to the above, the writ petition is disposed of directing the first respondent to pay the entire gratuity that is due to the petitioner. This shall be done as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.18669/09 3