ANITHA K.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner, who is a retired employee of the 4th respondent-Co-operative Bank, seeks to quash Ext.P2 and to direct respondents 2 to 4 to sanction and release the gratuity amount payable to the petitioner forthwith.

(2.) The petitioner states that she entered service as Junior Clerk in the 4th respondent-Bank on 12.01.1990 and retired from service on 31.07.2019 while working as Managing Director. The petitioner has 29 years and 7 months of service. The Kerala State Co-operative Employees Pension Board sanctioned pensionary benefits to the petitioner as per Ext.P1 order dated 22.10.2019. All terminal benefits, except gratuity, were paid to the petitioner. The 3 rd respondent-Assistant Registrar, as per Ext.P2 letter dated 25.05.2019, directed the 4th respondent-Bank not to pay gratuity to the petitioner.

(3.) Withholding of gratuity is consequent to detection of some irregularities in gold loan transactions of the Bank. The 2nd respondent-Joint Registrar has ordered enquiry under Section 65 of the Kerala Co-operative Societies Act in respect of the said gold transactions. On receipt of enquiry report, the 2nd respondent has ordered Section 68(1) enquiry, as per Ext.P3 dated 04.01.2019.