M.M.Dutt vs National Insurance Co. & Anr.
2013 Latest Caselaw 4920 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         W.P.(C) No7504/2010
%                                                        25th October, 2013

M.M.DUTT                                                      .... Petitioner
                                   Through:      None.

                          versus

NATIONAL INSURANCE CO. & ANR.                                 ..... Respondents

                          Through:               Ms. Hetu Arora Sethi,
                                                 Advocate for R-1.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           Against   the   petitioner       departmental    proceedings       were

commenced prior to his retirement. The impugned order dated 2.7.2008 was

thereafter passed not releasing gratuity, leave encashments and commutation

of pension. This writ petition was thereafter filed for release of retiral

benefits of leave encashments, gratuity and GSLIP.

2.           Counsel for respondent no.1 has placed on record the copy of

the order dated 30.9.2013 passed by the disciplinary authority imposing a cut

of Rs.2000/- per month from the pension payable to the petitioner.

WPC 7504/2010                                                                     Page 1 of 2
 3.           Therefore, so far as the gratuity and leave encashments are

concerned, no deductions can be made and therefore, counsel for respondent

no.1 states that in accordance with the rules, the gratuity and leave

encashment amounts would be paid to the petitioner within a period of three

months from today.

4.           So far as the amount towards GSLIP is concerned, counsel for

respondent no.1 states that the same has already been paid to the petitioner.

5.           The writ petition is accordingly disposed of in terms of the

above observations, giving liberty to the petitioner to challenge the order

passed by the disciplinary authority dated 30.9.2013 in an appropriate

proceedings and the issue of deduction of pension in terms of this judgment

dated 30.9.2013 will be decided in such appropriate independent

proceedings. Parties are left to bear their own costs.




OCTOBER 25, 2013                              VALMIKI J. MEHTA, J.

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