IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 8921 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ 1. K.V.PADMANABHAN,S/O.NARAYANAN NAIR, "SNEHA",THACHINGANADAM.P.O,MALAPPURAM DISTRICT, MALAPPURAM DISTRICT. 2. PRABHAKARAN,S/O.LAKSHMI AMMA, PATHIYIL HOUSE,KALLEMPADAM,NILAMBUR.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF CO-OPERATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE NILAMBUR CO-OPERATIVE URBAN BANK LTD.NO.F.1043,REP.BY ITS GENERAL MANAGER, P.O.NILAMBUR,MALAPPURAM DISTRICT.MALAPPURAM. R3 BY ADV. SRI.V.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8921/2010 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DTD. 10/12/09. P2: COPY OF THE COMMUNICATION DTD. 18/12/2009 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DTD. 10/12/09. P4: COPY OF THE COMMUNICATION DTD. 18/12/2009 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P5: COPY OF THE CIRCULAR NO.25/99 DTD. 22/06/99 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.8921 OF 2010 ............................................ DATED THIS THE 7TH DAY OF JUNE, 2010 JUDGMENT The petitioners are retired employees of the Nilambur Urban Co- operative Bank. The petitioners claim full gratuity on the basis of their salary without the ceiling limit of Rs.3,50,000/-, being made applicable to them. According to the petitioners, they were paid only an amount of Rs.3,50,000/- towards the gratuity, though they are entitled to get much more. According to the petitioners, the first petitioner is entitled to get Rs.6,71,800/- as gratuity. Similarly, the second petitioner is entitled to get a total amount of Rs.3,61,800/- as gratuity. Therefore, they have filed this writ petition claiming appropriate directions for the issue of the full amount of gratuity claimed by them. 2. The issue raised is covered by the judgment of this court in Retnavalli V. Ambalapadu Service Co-operative Bank Ltd (2005(3) KLT 320). In view of the dictum laid down by the said decision, this writ petition can be disposed of directing a consideration of the claims of the petitioners. Wpc 8921/2010 2 3. In the above circumstances, this writ petition is disposed of directing the third respondent Bank to consider the claims of the petitioners for full gratuity in terms of the dictum laid down in the judgment referred to above, without limiting the same to Rs.3,50,000/-. A decision as indicated above, shall be taken and the amounts due to the petitioners shall be disbursed within an outer limit of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk