IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 6138 of 2010(N) ------------------------- PETITIONER(S): --------------- M.VIJAYAN PILLAI, S/O.MADHAVAN PILLAI, KARIKKADA HOUSE, NADUVILACHERRY, KANJAVELI P.O., KOLLAM-691 602. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): --------------- 1. THE KOLLAM CO-OPERATIVE AGRICULTURAL & RULE DEVELOPMENT BANK LTD., NO.Q.167, KOLLAM-691 001, REPRESENTED BY ITS SECRETARY. 2. THE DIVISIONAL MANAGER (P&GS), LIFE INSURANCE CORPORATION OF INDIA, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.V.G.ARUN FOR R1 SRI.T.R.HARIKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.6138/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOSTAT COPY OF THE CIRCULAR NO.25/99 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXT.P2. TRUE PHOTOSTAT COPY OF THE PAYMENT OF CLAIM MADE BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT WITH REFERENCE P&GS/GGCA/U585290/ 45016, DATED 20.01.2010. EXT.P3. TRUE PHOTOSTAT COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 15.02.2010. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.6138 of 2010 ----------------------------------------- Dated this the 27th day of September, 2011 JUDGMENT The petitioner is a former employee of the first respondent society. He retired from service on 31.12.2009 while working as the Secretary of the said society. Upon retirement the petitioner was paid the sum of Rs.3,50,000/- by way of gratuity. The grievance voiced by the petitioner is that though under the Group Gratuity Assurance Scheme the Life Insurance Corporation had paid over the sum of Rs.6,01,840/- to the first respondent society, the society paid only the sum of Rs.3.50,000/- to him taking shelter under Ext.P1 circular issued by the Registrar of Co- operative Societies. It is contended that in the light of the decision of this Court in Retnavalli v. Ambalapadu Service Co- operative Bank Ltd., 2005(3) KLT 320 and in Nedupuzha Service Co-operative Bank Ltd. v. Rugmini, 2011 (3) KLT 134 the petitioner is entitled to receive payment of the entire sum of Rs.6,01,840/-. 2. Sri.T.R.Harikumar, learned standing counsel appearing W.P(C).No.6138 of 2010 -:2:- for the first respondent submitted that under the Group Gratuity Assurance Scheme the petitioner is entitled to get the sum of Rs.6,01,840/- but the sum of Rs.3,50,000/- alone was paid in the light of Ext.P1 circular and that having regard to the decisions of this Court referred to above, the bank will pay the balance amount of gratuity to the petitioner. The learned counsel for the first respondent society also submitted that as the society had acted as directed by the Registrar of Co-operative Societies in Ext.P1 circular, the society may not be held liable to pay interest on the balance amount of gratuity. The learned counsel appearing for the petitioner did not oppose the said request. In such circumstances I dispose of the writ petition with a direction to the first respondent society to pay the sum of Rs.2,51,840/- to the petitioner within one month from today. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.6138 of 2010 ---------------------------- JUDGMENT 27th September, 2011