JUDGMENT

The petitioner, who retired from the service of the 1st respondent Society, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, on 31.01.2017, while working as Secretary, with a total service of 33 years and two months to his credit, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to pay the balance gratuity amounting to Rs.3 lakhs and leave surrender amounting to Rs.6,94,660/-, thus total Rs.9,94,660/- together with interest. The petitioner has also sought for a consequential declaration.

2. On 18.06.2018, when this writ petition came up for admission, this Court issued notice on admission by speed post to the respondents.

3. A counter affidavit has been filed by respondents 1 and 2. Paragraphs 3 to 8 of the said counter affidavit reads thus;

“3. it is true that writ petitioner retired as on superannuation as the Secretary of the bank w.e.f.

31.1.2017 after rendering more than 30 years of service.

4. Upon retirement, he was disbursed with lump sum pensionary benefits of Rs.3,28,630/- by the Co-operative Employees Pension Board on 8.