IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 36214 of 2009(V) -------------------------- PETITIONER(S): --------------- RETNAKUMAR.P.R, (RETIRED ADMINISTRATIVE OFFICER, KERALA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD.) SIVAPRABHA, AMBALI NAGAR, ELAMANA JETTY ROAD, TRIPUNITHURA. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. THE KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., THIRUVANANTHAPURAM REPRESENTED BY THE MANAGING DIRECTOR. 2. THE DIVISIONAL MANAGER, L.I.C. OF INDIA, PATTOM, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. ADV. SRI.N.RAJAGOPALAN NAIR FOR R2 SRI.D.M.NOWFAL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C) 36214/2009) PETITIONER'S EXTS. EXT.P1 TRUE PHOTOCOPY OF THE CIRCULAR 46/79 DTD. 3.8.1979. EXT.P2 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE MANAGING DIRECTOR DTD.20.6.2009. EXT.P3 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY TECHNICAL STAFF ASSOCIATION TO THE REGISTRAR DTD. 11.5.2007. EXT.P4 TRUE PHOTOCOPY OF THE COMMUNICATION BY THE REGISTRAR TO THE MANAGING DIRECTOR DTD. 28.5.2007. EXT.P5 TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.26622/2006 DTD. 23.3.2007. //true copy// lgk K.SURENDRA MOHAN, J ........................................... WP(C).NO.36214 OF 2009 ............................................ DATED THIS THE 27TH DAY OF MAY, 2010 JUDGMENT The petitioner was an employee of the Kerala State Co-operative Agricultural and Rural Development Bank, who retired on 30.5.2009. The petitioner claims gratuity as per Section 62 read with Rule 59 of the Kerala Co-operative Societies Act. As per the directions of the Registrar contained in Circular No.46/79 dated 3.8.1979, the bank has adopted the LIC linked Group Gratuity Scheme for the benefit of the employees. It is the contention of the petitioner that he is entitled to payment of gratuity without any limit. However, the petitioner has been given gratuity limiting the same to Rs.3,50,000/-. According to the petitioner, the bank is remitting premium to the LIC linked Gratuity Cash Accumulation Scheme for which the maximum amount that can be paid is Rs.10,00,000/-. Therefore, he claims gratuity to the full admissible extent. The action of the management in imposing a ceiling on the gratuity unilaterally is submitted to be without any authority. 2. The counsel for the petitioner points out that in similar cases, Wpc 36214/2009 2 this court has already directed the entire amount to be paid to similarly placed employees. Particular reliance is placed on the judgment of this court dated 18.3.2010 in WP(C) No.37533 of 2009 and the judgments dated 18.3.2010 in WP(C) Nos.30388 and 30418 of 2009. It is seen from the judgments in the cases referred to above that directions have been issued in those cases to pay the full amount of gratuity due to retired employees, admissible in accordance with the provisions of the Gratuity Act. I do not find any reasons to deny the said benefit to the petitioner in this case. 3. In the above circumstances, this writ petition is disposed of directing the first respondent to compute the balance amount of gratuity due to the petitioner and to release the balance amount due to him after giving credit for the amount that has already been paid. The amount shall be paid as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk