Madras High Court
P.C. Lakshmi Narasimhan vs Chairman- Cum- Managing Director on 23 June, 2023
WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition Nos. 865 and 10535 of 2015
and Writ Appeal No. 401 of 2018
1. P.C. Lakshmi Narasimhan ... Petitioner in WP. No. 865 of 2015
2. N. Veeraraghavan ... Petitioner in WP. No.10535 of 2015
3. S. Seshadri ... Appellant in WA. No. 401 of 2018
Vs.
1. Chairman- Cum- Managing Director
United India Insurance Company Limited
Head Office, No.24, Whites Road,
Chennai- 600014
2. General Manager
Personnel Department
United India Insurance Company Limited
Head Office, No,24, Whites Road
Chennai- 600014
3. Chief Executive
General Insurance Public Sector
Undertaking GIPSA, 3rd Floor,
Jeevan Vihar rear Portion,
New Delhi- 110 001
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
4. Secretary
Ministry of Finance
Department of Economic Affairs,
Insurance Division, 'A' wing
2nd Floor, Lok Nayak Bhavan
Khan Market, New Delhi-110003
5. Secretary, (Finance Sector)
Insurance Division, Jeevan Deep Building
Department of Economic Affairs
Sansad Marg, New Delhi ... Respondents in All WP's & Writ Appeal
Prayer in W.P. No. 865 of 2015: Writ Petition filed under Article 226
of the Constitution of India, praying for issuance of a Writ of Mandamus,
to direct the first respondent to consider the representations dated
12.08.2014 & 08.10.2014 and direct the respondents by treating the
petitioner as a person voluntarily retired in terms of the Pension Scheme
1995 by working out the amount payable to the petitioner in terms of
Para 3(1)(c) of the General Insurance Employees Pension Scheme after
levying interest at 6% from 31.10.1986 from the pension due to the
petitioner after adjusting the same on the amount outstanding from the
petitioner to the 1st respondent in terms of General Insurance Employees
Pension Scheme 1995 by treating the petitioner as a voluntarily retired in
terms of clause 22 and 30 of the scheme and allowing pension in terms of
the orders rendered by the Supreme Court in CA No.6013/11 dated
28.07.2011 and in Review Application No.128/2012 in
W.P.No.2905/1996 by the order dated 07.11.2013 as confirmed in SLP
No. 15239/2014 dated 11.07.2014.
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
Prayer in W.P. No.10535 of 2015: Writ Petition filed under Article 226
of the Constitution of India, praying for issuance of a Writ of Mandamus,
to direct the first respondent to consider the representation dated
19.02.2015 consequently direct the respondents by treating the petitioner
as a person voluntarily retired in terms of Pension Scheme 1995 by
working out the amount payable to the petitioner in term of Para 3(1)(c)
of the General Insurance Employees Pension Scheme after levying
interest at 6% from 19.03.1991 from the pension due to the petitioner
after adjusting the same on the amount outstanding from the petitioner to
the 1st respondent in terms of General Insurance Employees Pension
Scheme 1995 by treating the petitioner as a voluntarily retired in terms of
clause 22 and 30 of the scheme and allowing pension in terms of the
orders rendered by the Supreme Court in CA No.6013/11 dated
25.07.2011 and in Review Application No.128/2012 in
W.P.No.2905/1996 by the order dated 07.11.2013 as confirmed in SLP
No.15239/2014 dated 11.07.2014.
Prayer in W.A. No. 401 of 2018: Writ Appeal filed under Clause 15 of
Letters of Patent Appeal, to set aside the order dated 11.10.2017 in
W.P.No.26513 of 2017 by allowing the Writ Appeal and thereby
directing the first respondent to consider the representation dated
06.07.2017 by treating the Appellant as a person voluntarily retired in
terms of Pension Scheme 1995 by working out the amount payable to the
appellant in term of para 3(1)(c) of the General Insurance Employees
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
Pension Scheme after levying interest at 6% from 23.06.1992 from the
pension due to the Appellant after adjusting the same on the amount
outstanding from the Appellant to the 1st respondent in terms of General
Insurance Employees Pension Scheme 1995. By treating Appellant as a
voluntarily retired in terms of clause 22 and 30 of the Scheme by
allowing the pension in terms of order rendered by the Supreme Court in
CA.NO.6013 of 11 dated 28.07.2011 and in Review Application No.128
of 2012 in W.P.No.2905 of 1996 by the order dated 07.11.2013 has
confirmed in SLP No. 15239 of 2014 dated 11.07.2014.
W.P.No. 865 of 2015:
For Petitioner : Mr.M. Ravi
for Mr.K. Moorthy
For Respondents : Mrs. Chitra Sampath for R1 and R2
Senior Counsel
for Mr. T.S. Baskaran
Mr. N. Ramesh for R4 to R5
Central Govt Standing Counsel
No Appearance for R3
WP.No.10535 of 2015 :
For Petitioner : Mr.M. Ravi for Mr.K. Moorthy
For Respondents : Mrs. Chitra Sampath for R2
Senior Counsel
for Mr. T.S. Baskaran
No Appearance for R1& R3 to R5
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
WA.No. 401 of 2018:
For Appellant : Mr.M. Ravi for Mr.K.Moorthy
For Respondents : Mrs. Chitra Sampath for R2
Senior Counsel
for Mr. T.S. Baskaran
No Appearance for R2 to R5
COMMON ORDER
Today when the matter was taken up for hearing, it is accepted by
the leaned counsel on either side that the relief prayed for in these
matters on the basis of the Judgment of Hon'ble Supreme Court in the
case of Sheelkumar Jain vs. New India Assurance Company Limited
and others reported in (2011) 12 SCC 197.
2. Mrs.Chitra Sampath, learned Senior Counsel appearing for the
Insurance company would bring to the notice of this Court that the ratio
laid down in Sheelkumar Jain vs. New India Assurance Company
Limited and others has been reversed by the Judgment of Hon'ble
Supreme Court of India reported in 2019 4 SCC 479.
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
3. In view thereof, it goes without saying that the Writ Appeal
No.401 of 2018 as well as the Writ Petitions Nos.10535 of 2015 and 865
of 2015 shall stand dismissed. No costs.
(J.N.B.,J.,) (D.B.C., J.,)
Msv 23.06.2023
Index : Yes / No
Internet : Yes / No
Neutral citation : Yes / No
Speaking order/Non-speaking order
To
1. The Chief Executive
General Insurance Public Sector
Undertaking GIPSA, 3rd Floor,
Jeevan Vihar rear Portion,
New Delhi- 110 001
2. The Secretary
Ministry of Finance
Department of Economic Affairs,
Insurance Division, 'A' wing
2nd Floor, Lok Nayak Bhavan
Khan Market, New Delhi-110003
3.The Secretary, (Finance Sector)
Insurance Division, Jeevan Deep Building
Department of Economic Affairs
Sansad Marg, New Delhi
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WP. No. 865 & 10535 of 2015
and WA. No. 401 of 2018
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
Msv
Writ Petition Nos. 865 and 10535 of 2015
and
Writ Appeal No. 401 of 2018
23.06.2023
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