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2018 Supreme(Online)(KER) 24750

C.J. CHANDRIKAKUMARY – Appellant
Versus
JOINT REGISTRAR – Respondent


Advocates:
['S JAYAKRISHNAN', '', 'S PARAMESWARA PRASAD', 'SRI C S RAMANATHAN', 'SC', 'BSNLS RAJALEKSHMI AMMA']

The petitioner, who retired from service on 28.02.2018

while working as Secretary of the second respondent Service

Co-operative Bank, which is a Co-operative Society registered

under the Kerala Co-operative Societies Act, 1969 and the

rules made thereunder, after rendering a total service of 30

years, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus

commanding the first respondent Joint Registrar to see that

the second respondent Society pays the gratuity amount of

Rs.14,07,133/- to the petitioner along with interest from

01.03.2018 till the date of realisation. The petitioner has also

sought for a declaration that she is entitled to receive

Rs.14,07,133/- as gratuity amount on her retirement from

service.

2.

The learned counsel for the petitioner would submit

that, the liability of the 2nd respondent Society for payment of

gratuity is covered by a policy taken from the Employees'

Group Gratuity Life Insurance Scheme. At the time of

retirement, the Life Insurance Corporation forwarded a sum of

-3-

Rs.14,07,133/- to the second respondent Society, which is

evident from Ext.P1 claim form dated 2

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