Abdul Rahim S/O Abdul Nabi vs New India Assurance Company Ltd. ...
2016 Latest Caselaw 6108 Bom

     1710WP2906.09-Judgment                                                                         1/2

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                              
                            NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO.  2906   OF    2009

     PETITIONER :-                        Abdul Rahim S/ Abdul Nabi, aged about 58
                                          years,   Occu.-Retired,   R/o   Pension   Nagar,
                                          Police Line Takli, Nagpur.   




                                                                   
                                             ...VERSUS... 

     RESPONDENTS :-                  1) New   India   Assurance   Company   Ltd.,
                                        Through   its   Chairman   and   Managing




                                                   
                                        Director, 87, MG Road, Fort, Mumbai.  
                               ig    2)  New India Assurance Company Ltd., through
                                         its   Chief   Regional   Manager,   Dr.   Ambedkar
                                         Bhawan, 4th Floor, High Land Rise, Seminary
                                         Hills, Nagpur. 
                             
                                     3) The   Government   of   India,   Ministry   of
                                        Finance (Department of Financial Services),
                                        Insurance Division, New Delhi. 
     ---------------------------------------------------------------------------------------------------
      


                        Mr.B. G. Kulkarni, counsel for the petitioner.
                Mr.A.J.Pophaly, counsel for the respondent Nos.1 and 2.
   



     ---------------------------------------------------------------------------------------------------


                                            CORAM : SMT. VASANTI     A    NAIK &
                                                        KUM. INDIRA JAIN,   JJ.

DATED : 17.10.2016

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

In this writ petition the petitioner has made two prayers, one for a

direction against the respondent Nos.1 and 2 to grant the benefits of the pay

revision to the petitioner and the second for a direction against the respondent

No.1 to refund the amount of Rs.2,71,166/- that was wrongfully recovered by

the respondent Nos.1 and 2 on the ground that his increments were decreased.

1710WP2906.09-Judgment 2/2

It is fairly stated on behalf of the petitioner that the first prayer

made in the writ petition may not be granted, as the issue in that regard

stands answered against the petitioner by the judgment of the Hon'ble

Supreme Court dated 07/01/2015 in Transfer Case (Civil) No.48 of 2010 and

others. It is stated that it is held by the Hon'ble Supreme Court that the

employees like the petitioner, that had retired under the special voluntary

retirement scheme would not be entitled to the benefits of pay revision. As

regards the other prayer, it is fairly stated on behalf of the petitioner that

during the pendency of the writ petition, the respondent Nos.1 and 2 had

repaid the amount of Rs.2,71,166/- to the petitioner and have restored the

increments. It is stated that the grievance of the petitioner in regard to the

second prayer stands redressed.

In view of the statements made by the learned counsel for the

petitioner, we dispose of the writ petition with no order as to costs. Rule

stands discharged.

                                  JUDGE                                            JUDGE





     KHUNTE