WPSS/1322/2019
2022 Latest Caselaw 628 UK

 IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 8TH DAY OF MARCH, 2022
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (S/S) No. 1322 of 2019


BETWEEN:
A.K. Solanki.                                  ...Petitioner
     (By Mr. Vinoda Nand Barthwal, Advocate)


AND:
The Chairman/Managing Director, Oriental
Insurance Company Ltd. & others.                 ...Respondents
     (By Mr. V.K. Kohli, Senior Advocate, assisted by Mr. Kanti Ram
     Sharma, Advocate for respondents)



                         JUDGMENT

Heard learned counsel for the parties.

2. Petitioner served as Development Officer in Oriental Insurance Company Ltd. and retired from service, on 31.01.2018.

3. By means of this writ petition, petitioner has sought following reliefs:-

"i. issue a writ, order or direction in the nature of mandamus directing the respondents to treat the petitioner as retired from the post of Development Officer Grade-I, the Oriental Insurance Co. Ltd. (Govt. of India undertaking), Divisional Officer, Moradabad.

ii. issue a writ, order or direction in the nature of mandamus directing the respondents to give full pension and its arrear, as well as, arrears of the full gratuity, provident funds and other benefits to the petitioner for the post of Development Officer Grade-I.

iii. issue a writ, order or direction in the nature of mandamus directing the respondents to make repayments of the illegal recovery of non core benefits and decreased increments which are null and void in the eyes of law."

4. Learned counsel appearing for the petitioner submits that certain amount was wrongly recovered from the outstanding dues of the petitioner by his employer, against which petitioner has made representation, which has not been decided so far. Thus, learned counsel appearing for the petitioner submits that Competent Authority be directed to take decision on petitioner's pending representation.

5. Accordingly, writ petition is disposed of with direction to concerned Divisional Manager of Oriental Insurance Company Ltd. to consider and decide petitioner's representation, if already, not decided earlier. This Court hopes and expects that decision shall be taken on petitioner's representation, as early as possible, but not later than four months from the date of production of certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Navin