IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

WP(C).No. 6571 of 2018

-----------------------

PETITIONER(S):
--------------

1 RAJENDRAN PILLAI. V,
S/O VASUDEVAN PILLAI, KONATHU VEEDU,
KALAKKODU P.O., PARAVUR, KOLLAM DISTRICT.

2 PUSHPAMANI AMMA. S,
W/O BALAKRISHNA PILLAI, SASNI NIVAS,
KALAKKODU P.O., BHOOTHAKULAM, KOLLAM DISTRICT.

3 SUMA. G., W/O RADHAKRISHNA PILLAI, VYSHAK,

KOONAYIL, PARAVUR (PART), KOLLAM DISTRICT.

BY ADVS.SMT.I.VINAYAKUMARI
SMT.SHOBA NAIR

RESPONDENT(S):
-------------

1. THE KALAKKODU SERVICE CO-OPERATIVE

BANK LTD.1194, REPRESENTED BY SECRETARY,
KALAKKODU, PIN - 691302,
SOUTH PARAVUR, KOLLAM DISTRICT.

2. THE MANAGING COMMITTEE OF

THE KALAKKODU SCB LTD 1194,
REPRESENTED BY PRESIDENT,
KALAKKODU, PIN - 691302,
SOUTH PARAVUR, KOLLAM DISTRICT.

3. THE MANAGER,
LIFE INSURANCE CORPORATION OF INDIA,
DIVISIONAL OFFICE, PATTOM - 695004,
THIRUVANANTHAPURAM.

R1 & R2 BY ADV. SRI.M.R.SASITH

R3 BY SRI.S.EASWARAN, SC
ADVS. SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 10-04-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

mbr/
WP(C).No. 6571 of 2018 (V)
--------------------------

APPENDIX

PETITIONERS' EXHIBITS:
---------------------

EXHIBIT-P1: A TRUE COPY OF THE ORDER OF PENSION

DATED 02.05.2017 TOWARDS THE FIRST PETITIONER.

EXHIBIT-P2: A TRUE COPY OF THE ORDER OF PENSION

DATED 06.05.2017 TOWARDS THE 2ND PETITIONER.

EXHIBIT-P3: A TRUE COPY OF THE ORDER OF PENSION

DATED 06.05.2017 TOWARDS THE 3RD PETITIONER.

EXHIBIT-P4: A TRUE COPY OF THE LETTER DATED 29.08.2017 OF THE

THIRD RESPONDENT LIC FOR RS.10,00,000/- EACH
TOWARDS GRATUITY DUE TO THE 1ST, 2ND AND
3RD PETITIONERS RESPECTIVELY.

EXHIBIT-P5: A TRUE COPY OF THE LETTER DATED 19.12.2017 OF THE

THIRD RESPONDENT LIC TOWARDS THE BALANCE OF
GRATUITY DUE TO THE 1ST,2ND AND 3RD PETITIONERS
AMOUNTS TO RS.10,00,000/-, RS.8,74,511/-AND RS.5,29,206/
RESPECTIVELY.

EXHIBIT-P6: A TRUE COPY OF THE LETTER DATED 02.01.2018 OF THE

3RD RESPONDENT LIC TOWARDS ADDITIONAL BALANCE
OF GRATUITY DUE TO THE 2ND AND 3RD PETITIONERS
AMOUNT TO RS.52,791/- AND RS.51,919/- RESPECTIVELY.

EXHIBIT-P7: A TRUE COPY OF THE REQUEST LETTER DATED 10.02.2018

MADE BY THE 1ST PETITIONER BEFORE THE SECRETARY OF
THE 1ST RESPONDENT TOWARDS HIS BALANCE OF GRATUITY.

EXHIBIT-P8: A TRUE COPY OF THE REQUEST LETTER DATED 10.02.2018

MADE BY THE 2ND PETITIONER BEFORE THE
SECRETARY OF THE 1ST RESPONDENT BANK TOWARDS
HER BALANCE OF GRATUITY.

EXHIBIT-P9: A TRUE COPY OF THE REQUEST LETTER DATED 10.02.2018

MADE BY THE 3RD PETITIONER BEFORE THE
SECRETARY OF THE 1ST RESPONDENT BANK TOWARDS
HER BALANCE OF GRATUITY.

EXHIBIT-P10: A TRUE COPY OF THE REJECTION LETTER NO.578/2017-18

DATED 17.02.2018 OF THE SECRETARY OF THE FIRST
RESPONDENT BANK GIVEN TO THE FIRST PETITIONER.

EXHIBIT-P11: A TRUE COPY OF THE REJECTION LETTER NO.578/2017-18

DATED 17.02.2018 OF THE SECRETARY OF THE FIRST
RESPONDENT BANK GIVEN TO THE SECOND PETITIONER.

EXHIBIT-P12: A TRUE COPY OF THE REJECTION LETTER NO.578/2017-18

DATED 17.02.2018 OF THE SECRETARY OF THE FIRST
RESPONDENT BANK GIVEN TO THE THIRD PETITIONER.
WP(C).No. 6571 of 2018 (V)
--------------------------

EXHIBIT-P13: A TRUE COPY OF THE JUDGMENT OF THIS

HONOURABLE COURT IN WP(C) NO.34463/2017 DATED 21.11.2017,
IN WHICH THIS HON'BLE COURT HAS DECIDED THE SIMILAR
MATTER IN FAVOUR OF THE PETITIONER.

RESPONDENTS' EXHIBITS: NIL

---------------------

/TRUE COPY/

P.S.TO JUDGE

mbr/
16.04.2018.
 ANU SIVARAMAN, J.
--------------------------------
W.P.(C).No. 6571 of 2018
---------------------------------
Dated this the 10th day of April, 2018

JUDGMENT
----------------

The issue raised in this writ petition is in respect of payment

of gratuity under the Special Scheme constituted by the societies

with the Life Insurance Corporation of India. By virtue of the

prohibition contained under 2nd proviso to Rule 59(iii) of the

Kerala Co-operative Societies Rules, 1969, the entire amount

received as per the Scheme linked with the LIC was not paid to

the petitioners.

2. The said issue was considered by a Full Bench of this

Court in 'Chandrasekharan Nair. G and others v. Kerala

State Co-operative Agricultural and Rural Development

Bank Ltd. and others' [2017(4) KLT 276] dated 18.09.2017

and held that, the prohibition contained under 2 nd proviso to Rule

59(iii) of the Co-operative Societies Rules, 1969 will not stand in

the way of the petitioners receiving the entire amount as per the
W.P.(C).No. 6571 of 2018 2

LIC linked scheme. The proposition of law laid down by the Full

Bench in Chandrasekharan Nair. G and others (supra) is

applicable to the petitioners in this writ petition also.

3. Therefore, there will be a direction to the respondent 1

and 2 to pay off the entire amount remaining balance to the

petitioners as per the LIC linked policy scheme, within two

months from the date of receipt of a copy of this judgment along

with interest at the rate of 9% from the date, the balance amount

has actually fallen due. I also make it clear that if the entire

amount as per the Special Scheme is paid, the directions

contained above will not be applicable to the said payments.

Writ petition is disposed of accordingly.

Sd/-

ANU SIVARAMAN
JUDGE
rmm

// True copy //

P.A. To Judge