AJAY KUMAR OHRI Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) THE present writ petition has been filed, inter alia, praying for the following reliefs:

(2.) PETITIONER was employed with the respondents and was lastly working as Development Officer Grade-I and drawing a salary of Rs.8,915.92 (basic salary of Rs.4070/-). The respondents floated a Voluntary Retirement Scheme and the petitioner in terms of his letter dated 6th April, 1999 opted for the same. Petitioner's request for voluntary retirement was accepted in terms of the respondents' letter dated 30th June, 1999 with immediate effect. He was relieved on 4th July, 1999 and vide letter dated 5th July, 1999, his last salary was also released.

(3.) LEARNED counsel for the petitioner has assailed the aforesaid action of the respondents on the ground that before his retirement petitioner was never informed of any of the arrears due and payable by him to the respondents. The learned counsel has also seriously refuted the averments made in the counter affidavit and have emphasized that at no point of time any letter or warring, as required under 'the Scheme', was ever issued to the petitioner. According to him, as per the counter affidavit the dues pertain between the year of 1993 to 1999 which in any case was time barred. The respondent ought to have initiated recovery proceedings and since he was allowed to retire and receiving his salary it cannot be said that any amount was due.