KAUSHAL KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was an Officer of the Oriental Insurance Company Limited. Under the General Insurance Officers' Special Voluntary Retirement Scheme, 2004 (for short 'the Scheme of 2004'), which was applicable in the case of the petitioner, the petitioner applied for voluntary retirement. The said application of the petitioner was accepted by the Company on 27.2.2004, according to which, certain payments were to be made to the petitioner in lieu of his seeking voluntary retirement. It is now not disputed by the parties that all the payments under the scheme, except the ex-gratia payment amounting to Rs. 11 lacs and odd, has been made to the petitioner. The petitioner has thus filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondent-insurance company to release the ex-gratia amount payable to the petitioner under the Scheme of 2004 and other benefits guaranteed under the said Scheme alongwith interest at the rate of 9% per annum from the date of entitlement till the date of payment.

(2.) We have heard Sri Sanjay Kumar Dube, learned Counsel for the petitioner as well as Sri V.C. Dixit, learned Counsel- appearing for the contesting respondent-Oriental Insurance Company Limited and have perused the record. Pleadings between the contesting parties have been exchanged and with the consent of learned Counsel for the parties, this writ petition is being taken up for final disposal.

(3.) The respondent-insurance company does not dispute its liability to make payment of ex-gratia amount payable under the Scheme of 2004. However, the only defence which has been taken in the counter-affidavit for not making such payment is that while the petitioner was working as Branch Manager at Aligarh, in the year 1998 he had paid certain claim amount to the claimant/policy holder M/s. Rajeev Oil Company whereas the same ought to have been paid to the U. P. Financial Corporation, Aligarh. It is contended that in this regard the U. P. Financial Corporation has filed a civil suit being Original Suit No. 221 of 2001, which is pending in the Court of Additional Civil Judge (Senior Judge), Aligarh. The stand of the insurance company is that till the suit is decided or until the petitioner furnishes bank guarantee for the said ex-gratia amount, the same cannot be disbursed to the petitioner.