JOHNSON V.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who retired from service while working as Branch Manager of the third respondent Service Co-operative Bank on 30.11.2015, on attaining the age of superannuation, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 letter issued by the third respondent, whereby the petitioner has been informed that he is not entitled for disbursement of gratuity in excess of Rs.10 lakhs. The petitioner has also sought for a declaration that he is entitled to be disbursed with the entire maturity value of the gratuity as disbursed by the fourth respondent Life Insurance Corporation of India and to direct the third respondent Bank to disburse the balance maturity amount with respect to the gratuity of the petitioner, together with interest from the date of eligibility to the petitioner by the issuance of a writ of mandamus or other appropriate writ, order or direction.

(2.) Going by the averments in the writ petition, the gratuity claim of the third respondent District Co-operative Bank is covered by a Group Gratuity Assurance policy with the fourth respondent Life Insurance Corporation of India. In terms of the said policy, at the time of retirement of the petitioner, the fourth respondent has transferred a sum of Rs.19,00,476/- to the third respondent Bank, which is evident from Ext.P2 communication dated 04.11.2016. As per the statement filed by the fourth respondent Life Insurance Corporation, a sum of Rs.19,00,476/- has already been transferred to the third respondent Bank, as evidenced by Exts.R4(a) claim calculation sheet dated 11.11.2015, R4(b) communication dated 11.11.2015 and R4(c) discharge sheet dated 01.02.2016.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 2, the learned counsel for the third respondent Bank and also the learned Standing Counsel for the fourth respondent Life Insurance Corporation of India.