IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9738 of 2009(J)
1. P.MOHAMMED, AGED 61 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE
3. THE VALLAPPUZHA SERVICE CO-OPERATIVE
4. THE PRESIDENT,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :26/03/2009
O R D E R
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
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