Sushama S vs State Of Kerala
2021 Latest Caselaw 18372 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                        WP(C) NO. 8387 OF 2021
PETITIONER:
           SUSHAMA S.
           (RETIRED HEAD CLERK,
           CHERTHALA SERVICE CO-OPERATIVE BANK LTD.NO.1688,
           CHERTHALA P.O.,
           ALAPPUZHA DISTRICT, PIN-688 524),
           VIMAL NIVAS, CMC 22, CHERTHALA P.O.,
           ALAPPUZHA DISTRICT, PIN-688 524.

          BY ADV V.VARGHESE


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF CO-OPERATION,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

    2     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES,
          ALAPPUZHA, PIN-688 011.

    3     CHERTHALA SERVICE CO-OPERATIVE BANK LTD.NO.1688,
          CHERTHALA P.O.,
          ALAPPUZHA DISTRICT, PIN-688 524,
          REPRESENTED BY ITS SECRETARY.

    4     THE SECRETARY,
          CHERTHALA SERVICE CO-OPERATIVE BANK LTD.NO.1688,
          CHERTHALA P.O.,
          ALAPPUZHA DISTRICT, PIN-688 524.

    5     MANAGER,
          LIFE INSURANCE CORPORATION OF INDIA,
          DIVISIONAL OFFICE, JEEVAN PRAKASH,
          P.B.NO.609, NAGAMPADAM,
          KOTTAYAM, PIN-686 001.
 WP(C) NO. 8387 OF 2021
                                  2


           BY ADVS.
           GOVERNMENT PLEADER
           M.SASINDRAN
           SRI.N.RAJAGOPALAN NAIR
           SHRI.S.EASWARAN, SC,
           LIFE INSURANCE CORPORATION OF INDIA




           GP SRI JIMMY GEORGE




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 8387 OF 2021
                                 3




                           JUDGMENT

Learned counsel for respondent Nos.3 and 4 submits that

the grievance of the petitioner for payment of the Death Cum

Retirement Gratuity would be considered as expeditiously as

possible within a period of two weeks from today, but as regards

some other claims the prayer as seen is not covered. Learned

counsel for the petitioner submits that as far as the other prayer

is concerned, would seek an independent remedy and does not

press the writ petition on account of the fact that the respondents

have given an undertaking for payment of the Death Cum

Retirement Gratuity. In view of the undertaking given by

respondents 3 and 4, the writ petition is disposed of. Liberty is

granted to revive the matter in case of non-disbursement.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 8387 OF 2021

APPENDIX OF WP(C) 8387/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.874(E) DATED 01.10.1987 ISSUED BY THE GOVERNMENT OF INDIA.

EXHIBIT P1 A TRUE COPY OF THE TYPED COPY OF EXT.P1.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 16.07.2018 FILED BY THE PETITIONER BEFORE THE SECRETARY CHERTHALA SERVICE CO-OPERATIVE BANK LTD.NO.1688.

EXHIBIT P3 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19.03.2021 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE POSTAL TRACK RECORD.

RESPONDENTS EXHIBIT

EXHIBIT R-5 A TRUE COPY OF THE COST & BNEFIT SCHEDULE FOR THE RELEVANT ANNUAL RENEWAL DAATE 28-02-2016

EXHIBIT R-5B A TRUE COPY OF THE LETTER OF INTIMATION DATED 05.12.2016

EXHIBIT R-5C A TRUE COPY OF THE LETTER DATED 07-12-