M.V.Sukumaran vs The Joint Registrar (General) on 27 August, 2009

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Kerala High Court
M.V.Sukumaran vs The Joint Registrar (General) on 27 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21619 of 2009(V)


1. M.V.SUKUMARAN, S/O. VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. THE JOINT REGISTRAR (GENERAL),
                       ...       Respondent

2. THE MUVATTUPUZHA URBAN CO-OPERATIVE

                For Petitioner  :SMT.AMBIKA RADHAKRISHNAN

                For Respondent  :SRI.MANOJ P.KUNJACHAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/08/2009

 O R D E R
                        ANTONY DOMINIC, J.
                   -------------------------
                    W.P.(C.) No.21619 of 2009
             ---------------------------------
             Dated, this the 27th day of August, 2009

                           J U D G M E N T

The petitioner, a retired employee of the 2nd respondent Bank,

has approached this Court praying for a direction to the

respondents to release the entire amount of DCRG that is due to

him. It is stated that according to the petitioner, the Bank had

subscribed to Gratuity Fund Trust with the Life Insurance

Corporation, and that the Life Insurance Corporation of India has

paid an amount of Rs.5,85,596/- to the Bank, and despite that, he

was paid only Rs.3,50,000/- acting upon Ext.P1 circular No.25/99.

2. In similar circumstances, this Court in the judgment in

Retnavalli v. Ambalapadu Service Co-operative Bank Ltd. (2005(3)

KLT 320) has already held that a retired employee is eligible to be

paid full gratuity.

3. In my view, that judgment covers the entire issue raised

in this writ petition in favour of the petitioner. Therefore, the writ

petition is disposed of directing that the 2nd respondent shall

WP(C) No.21619/2009
-2-

sanction and disburse the balance amount of gratuity that is due to

the petitioner. This shall be done as expeditiously as possible, at

any rate, within three weeks of production of a copy of this

judgment.

This writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg

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