ROHIT KHANDELWAL vs NATIONAL INSURANCE COMPANY LTD

Judgment text excerpt

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14.11.2025 + W.P.(C) 8822/2019 ROHIT KHANDELWAL .....Petitioner Through: Mr. Aaditya Vijay Kumar & Ms. Chinmayee, Advocates. versus NATIONAL INSURANCE COMPANY LTD .....Respondent Through: Ms. Hetu Arora Sethi & Ms. Kanak Bathwal, Advocates. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition is filed seeking directions to the respondent for grant of benefits under the General Insurance Employees Pension Scheme, 1995 (hereinafter referred to as ‘1995 Scheme’). 2. The brief facts are that the petitioner joined the National Insurance Company ( for brevity ‘NIC’) on 05.03.1993. The petitioner on 04.07.2014, issued notice for resigning and with a request to treat it as voluntary retirement from the service. On 07.10.2014, the NIC accepted the resignation but the request for voluntary retirement was rejected for the reason that the petitioner was not fulfilling the pre-requisites for taking voluntary retirement. 2.1 On 24.04.2019, the petitioner filed an application with the company that the resignation be treated as voluntary retirement and the benefit of the pension under 1995 Scheme be extended to the petitioner. The application Signature Not Verified Signed By:AWANISH W.P.(C) 8822/2019 Page 1 of 5 CHANDRA MISHRA Signing Date:18.11.2025 06:40:43 was rejected vide communication dated 03.06.2019. and hence, the present petition. 3. Learned counsel for the petitioner submits that by serving the notice dated 04.07.2014, the petitioner intended to take voluntarily retirement. Clause 2(t) of the 1995 scheme is relied upon to contend that retirement includes voluntary retirement. 3.1 Submission is that the petitioner after having fulfilled twin condition stipulated under Clause 30