K.M. Prakasan vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 17226 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                      WP(C) NO. 16695 OF 2021
PETITIONER:

      1      K.M. PRAKASAN (RETIRED SECRETARY)
             AGED 59 YEARS
             DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
             DEVELOPMENT BANK LTD NO.1-136, PB NO.4, ADIMALI
             NOW RESIDING AT KUNNUVILA HOUSE, CHATTUPARA,
             MACHIPALAVU PO, IDUKKI DISTRICT

             BY ADV PRASAD CHANDRAN

RESPONDENTS:

      1      THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF
             THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
             THIRUVANANTHAPURAM - 695 001

      2      DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL & RURAL
             DEVELOPMENT BANK LTD NO.1-136, PB NO.4, ADIMALI -
             685 561 IDUKKI DISTRICT
             REPRESENTED BY ITS SECRETARY

      3      LIFE INSURANCE CORPORATION OF INDIA
             ERNAKULAM DIVISIONAL OFFICE
             P&GS DEPARTMENT, JEEVAN PRAKASH, MG ROAD,
             ERNAKULAM 682 011

             BY ADVS.
             SRI V.K. SUNIL, SR GP
             SRI P CHANDY JOSEPH

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 16695 OF 2021
                                        2




                               JUDGMENT

Dated this the 13th day of August, 2021

The petitioner is a senior citizen, who has retired from

service of the second respondent bank. According to the

petitioner, he is entitled for the full gratuity payable to him

under the scheme of Employees Group Gratuity Life

Insurance Scheme. The above scheme was evolved by the

second respondent bank for providing group gratuity. The

third respondent LIC, accordingly has remitted a sum of

Rs.22,26,032/- (Rupees Twenty two lakh twenty six

thousand thirty two only). However, the petitioner was

paid only a sum of Rs.20,00,000/- (Rupees Twenty lakhs

only) as gratuity, allegedly on the basis of the circular

issued by the first respondent, Registrar of Co-operative

Societies.

2. The petitioner has approached this court

contending that he is entitled for the full gratuity as paid by

the LIC. He placed reliance on decision of this Court

reported in Chandrasekharan Nair G. & Others Vs.

Kerala State Co-operative Agricultural and Rural WP(C) NO. 16695 OF 2021

Development Bank Ltd. & Others [2017 (4) KLT 276

FB].

3. When the matter was taken up, the learned

Counsel for the second respondent, Mr.P.Chandy Joseph

submitted that he is not challenging the amount and the

amount due is accordingly admitted.

4. Having heard the learned Counsel for the

petitioner, learned Senior Government Pleader and the

learned Standing Counsel for the second respondent and

that of LIC, I am inclined to dispose of the Writ Petition

itself by directing the second respondent to pay balance

amount of Rs.2,26,032/- (Rupees Two lakh twenty six

thousand thirty two only), payable to the petitioner within a

period of one month from the date of receipt of a copy of

this judgment.

The Writ Petition is disposed of, accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/13-8 WP(C) NO. 16695 OF 2021

APPENDIX OF WP(C) 16695/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE CIRCULAR NO.25/1999 DATED 22.06.1999 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.06.2020 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P3 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 03.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 06.07.2021 IN WPC NO.26400 OF 2020 OF THIS HONOURABLE HIGH COURT OF KERALA

RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE