IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9738 of 2009(J) ------------------------- PETITIONER(S): --------------- P.MOHAMMED, AGED 61 YEARS, S/O.MOOSA, RAFEEQUE MANZIL, NELLAYA POST, PALAKKAD DISTRICT, RETIRED AS SECRETARY, VALLAPPUZHA SERVICE CO-OPERATIVE BANK LTD. BY ADV. SRI.SANTHEEP ANKARATH SRI.T.P.RAMACHANDRAN (THACHETH) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. THE VALLAPPUZHA SERVICE CO-OPERATIVE BANK LTD., REP. BY ITS SECRETARY, POST VALLAPPUZHA, PALAKKAD DISTRICT. 4. THE PRESIDENT, VALLAPPUZHA SERVICE CO-OP.BANK, P.O.VALLAPPUZHA, PALAKKAD DISTRICT. BY GP SRI K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 9738 OF 2009 ............................................ DATED THIS THE 26TH DAY OF MARCH, 2009 JUDGMENT Notice to respondents 3 and 4 dispensed with preserving their right to move for review of this judgment, if aggrieved. Learned Government Pleader appears for respondents 1 and 2. The petitioner, on the strength of Ext.P5 judgment and earlier judgments made Ext.P1 request to the fourth respondent for release of his gratuity. While he claimed that he is entitled to the remaining amount of Rs.2,67,215/-, respondents 3 and 4 are yet to take a decision on that in the light of Ext.P5 judgment. The decision in Ratnavalli's case referred to in Ext.P5 judgment is affirmed by the Division Bench also. Therefore that is binding on the Co-operative Societies as declaration of law by this court. Hence respondents 3 and 4 are directed to take up the request of the petitioner and consider it in the light of what is stated in Ext.P5 judgment without insisting on any further modification of the Rules. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/27/3