IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 696 of 2008(G) ------------------------ PETITIONER: ------------ M.SOOPY, AGED 58 YEARS, S/O.(LATE) ABDUL RAHIMANKUTTY, MUNDAYOT HOUSE, NORTH KARASSERY P.O., MUKKOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.GOPINATH MENON RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, POST BOX NO.21, SULTHANPET, PALAKKAD DISTRICT. GOVERNMENT PLEADER, SMT.M.K.PUSHPALATHA R3 BY ADV. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 696 of 2008(G) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER DATED 10/05/2007 ISSUED BY THE 3RD RESPONDENT TO THE SENIOR DIVISIONAL MANAGER, LIC OF INDIA. EXT.P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P3 TRUE PHOTOSTAT COPY OF THE CIRCULAR NO.25 DATED 22/06/1999 ISSUED BY THE 2ND RESPONDENT. 3RD RESPONDENT'S EXTS: EXT.R3(a) TRUE COPY OF A LETTER DATED 04/12/1998 SENT BY THE LIC OF INDIA TO 3RD RESPONDENT BANK. \\True copy// THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 696 of 2008-G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of March, 2008 J U D G M E N T Having regard to the contentions of either parties, it is clear that the issue in hand is directly covered by the decision in Retnavalli (v) Ambalapadu Service Co-operative Bank Ltd. [2005 (3) KLT 320] whereby it has been categorically held that the gratuity amount due to an employee can be pegged in amounts lessor than what would be available to him in terms of the provisions and scheme. This writ petition is accordingly allowed directing that the gratuity due to the petitioner shall be calculated and paid in terms of the regulations framed by the third respondent bank ignoring Ext.P3 circular. Such amounts shall be released within a period of three weeks from the date of production of the copy of this judgment. No costs. THOTTATHIL B. RADHAKRISHNAN, Judge ms