IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 13087 of 2009(E) -------------------------- PETITIONER(S): --------------- JOHN MATHAI, AGED 58 YEARS, SECRETARY, KARIMKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.2670, KARIMKUNNAM P.O., THODUPUZHA. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE KARIMKUNNAM SERVICE CO-OPERATIVE BANK LTD. NO.2670, KARIMKUNNAM P.O., THODUPUZHA. MR.I.V.PRAMOD, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13087/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REPRESENTATION DATED 23/04/2009 SUBMITTED BY THE PETIITOENR TO THE PRESIDENT OF THE BANK. P2 : COPY OF THE DECISION TAKEN ON EXT.P1 REPRESENTATION OF THE PETITIONER BY THE 2ND RESPONDENT BANK. P3 : COPY OF the ABOVE CIRCULAR NO.25/99 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. P4 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.20168/2008. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13087 of 2009 --------------------------------- Dated, this the 25th day of May, 2009 J U D G M E N T The petitioner retired as the Secretary of the 2nd respondent Society on 30/04/2009. His grievance is regarding limiting the gratuity, that is due, at Rs.3.5 lakhs. According to the petitioner, if the full gratuity is calculated he should get an amount of Rs.7 lakhs. 2. This Court has in Retnavalli v. Ambalapatu Service Co- operative Bank Ltd. (2005(3) KLT 320) and other cases, already held that gratuity is liable to be paid without any limit as enforced by Ext.P3 circular. In view of this, the petitioner is entitled to succeed. 3. Accordingly, the writ petition is disposed of quashing Ext.P2 and directing the respondents to sanction and disburse entire amount of gratuity to the petitioner ignoring the limit as fixed by Ext.P3. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg