JUDGMENT

The allegation of the petitioner is that, even though the Life Insurance Corporation (LIC) has paid an amount of Rs.27,39,973/- towards gratuity against his account to the 2nd respondent – Devikulam Taluk Co-operative Agricultural & Rural Development Bank Ltd. They have disbursed to him only Rs.22 lakhs therefrom and have retained the balance. The petitioner, therefore, prays that said amount be directed to be disbursed to him; and relies on the Full Bench judgment of this Court in Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Ltd (2017 (4) KLT 276) in substantiation.

2. Sri.Chandy Joseph – learned Standing Counsel for the respondent, Bank affirmed that LIC had paid more than Rs.27 lakhs; but explained that his client had retained certain amounts out of it only because there was a ceiling limit under the Payment of Gratuity Act with respect to the gratuity eligible to the petitioner. He, however, conceded, to a pointed question from this Court, that the issue has been answered by this Court in favour of the petitioner, in Chandrasekharan Nair G. (supra).

3. Sri.S.Easwaran – learned Standing Counsel for the 3rd respondent – LIC, confirmed that an amount of Rs.

Rs.27,39,973/- has been paid to the Bank.

In the afore circumstances, and following Chandrasekharan Nair G. (supra), I order this writ petition and direct the 2nd respondent to disburse the balance amount of Rs.5,39,973/- within a period of one month from the date of receipt of a copy of this judgment;

failing which, it will carry interest at the rate of 8% p.a. from the date on which it was received by them, until it is disbursed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 25191/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CIRCULAR NO.25/1999 DATED 22/06/1999.

Exhibit P2 A TRUE COPY OF THE JUDGEMENT IN WP(C)

NO.16695/2021 DATED 13/08/2021.

Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED

29/10/2021.

Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 27/11/2021.