IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 20168 of 2008(A) -------------------------------------- PETITIONER: ------------------- T.R.LALITHA, AGED 58 YEARS, RAJ BHAVAN EAST, KADATHY MARKET P.O, MUVATTUPUZHA. BY ADV. SRI.S.SOMAN. RESPONDENTS: ----------------------- 1. MUVATTUPUZHA URBAN CO-OPERATIVE BANK LTD NO.56, HEAD OFFICE, KACHERITHAZHAM, MUVATTUPUZHA, REP.BY ITS GENERAL MANAGER. 2. ASSISTANT REGISTRAR, OFFICE OF THE ASSISTANT REGISTRAR FOR CO-OPERATIVE SOCIETIES, MUVATTUPUZHA. R2 BY GOVT. PLEADER SRI. I.V. PRAMOD, R1 BY ADV. SRI. T.RAJESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20168/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION DT. 24/05/2008 ISSUED BY THE L.I.C. TO THE R.1. THAT AN AMOUNT OF RS.5,68,319 IS THE MATURITY VALUE OF THE POLICY IN THE NAME OF THE PETITIONER. EXT.P.2: COPY OF THE CIRCULAR NO.25 OF 1999. EXT.P.3: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C).8598/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.20168 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of January, 2009. JUDGMENT The petitioner retired from the service of the first respondent. The employees of the first respondent are covered by a Group Gratuity Scheme with the Life Insurance Corporation of India. Following the decision in Ratnavalli v. Ambalapadu Service Co-op. Bank Ltd. [2005 (3) KLT 320] and Ext.P3 judgment, there cannot be any pegging of total gratuity amount at Rs.3,50,000/- or any lesser amount than total due. This view has been affirmed by the Division Bench also. Under such circumstances, this writ petition is only to be allowed. In the result, this writ petition is allowed directing that the respondents will disburse the entire amount of gratuity sanctioned by the Life WP(C)20168/2008 -: 2 :- Insurance Corporation of India in Ext.P1, ignoring the limit prescribed as per Ext.P2 circular. Such amounts shall be released to the petitioner within 45 days from the date of receipt of a copy of this judgment. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/140109