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2018 Supreme(Online)(KER) 50926

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
T D MOHANAN – Appellant
Versus
THE ALWAYE URBAN CO-OP BANK LTD – Respondent


J U D G M E N T

The petitioner, who retired from the service of the 1st respondent Society while working as Internal Auditor on 31.3.2007, with a pay of ₹40,202/-, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P1 notice dated 9.12.2010 issued by the 1st respondent Society and seeking a declaration that he is not liable to re-pay the amount obtained as gratuity from the Life Insurance Corporation, the 2nd respondent herein, under the Group Gratuity Scheme.

2. The petitioner retired from service on superannuation on 31.3.2007, while working as Internal Auditor in the 1st respondent Co-operative Society. The employees of the 1st respondent Co-operative Society, in the matter of payment of gratuity, are covered by the Group Gratuity Scheme with the Life Insurance Corporation of India. On 10.5.2007, the petitioner was disbursed with a sum of ₹3,50,000/- towards gratuity, which was followed by a further payment of ₹40,202/- on 30.6.2016, as received from the 2nd respondent Life Insurance Corporation. Later, the petitioner was issued with Ext.P1 notice dated 9.12.2010 of the 1st respondent Society,

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