HARISH KUMAR DUA vs CHAIRMAN-CUM MANAGING DIRECTOR THE NEW INDIA ASSURANCE CO. LTD & ORS

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 01.04.2025 + W.P.(C) 349/2008 HARISH KUMAR DUA .....Petitioner Through: Mr. Hem C. Vashisht, Advocate. versus CHAIRMAN-CUM MANAGING DIRECTOR THE NEW INDIA ASSURANCE CO. LTD & ORS .....Respondents Through: Mr. Dinesh Mathur, Mr. Aaditya Vijay Kumar and Mr. Aryam Chopra, Advocates for R1 to R5. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) 1. By way of this writ petition under Article 226 of the Constitution, the petitioner assails an order of the respondent- New India Assurance Company Limited [“Company”] dated 20.06.2007, insofar as it deals with an audit recovery of Rs.3,83,815/- from him. The petitioner also seeks a direction for release of his terminal dues and retiral benefits, alongwith restitution of the amount of pension withheld on account of the recovery. 2. The petitioner joined the services of Liberty Insurance Company on 31.12.1969, which later merged with the respondent – Company. The petitioner then served in the Company and was promoted on more than one occasion, ultimately to the post of Assistant Manager. 3. In the year 2004, the Government of India issued a Special Voluntary Retirement Scheme [“Scheme”], in exercise of powers under Signature Not Verified Signed By:UMANG W.P.(C) 349/2008 Page 1 of 9 KHANNA Signing Date:03.04.2025 18:17:17 Section 17A of the General Insurance Business [Nationalisation] Act, 1972. 4. The terms and conditions of the Scheme were contained in a notification dated 01.01.2004. It provided that all permanent, full-time officers would be eligible to opt for voluntary retirement, provided they had attained the age of forty years and completed ten years of qualifying service. The Scheme contemplated grant of an ex-gratia payment in addition to provident