LAWS(RAJ)-2017-2-1

PRITAM DAS GERYANI Vs. NATIONAL INS. CO. LTD.

Decided On February 06, 2017
Pritam Das Geryani Appellant
V/S
National Ins. Co. Ltd. Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the communication dated 29/7/2010 (Annex.4) and 14/8/2014 (Annex.6) with a prayer to hold that the petitioner stood automatically voluntarily retired from the post of Development Officer w.e.f. 28/7/2010 with consequential reliefs pertaining to his retiral benefits and a restrain against the respondents from taking any action against the petitioner in terms of the letter Annex.6.

(2.) It is inter alia averred in the writ petition that the petitioner was appointed as Probationary Inspector vide order dated 4/9/1981 and he joined his duties on 7/9/1981; w.e.f. 1/9/1982 the petitioner was promoted as Development Officer Gr.I and his services were confirmed on 1/9/1982 in terms of the General Insurance (Employees') Pension Scheme, 1995 ('the Pension Scheme').

(3.) The petitioner then contended that he applied for voluntary retirement to the Chief Regional Manager of the Company through proper channel on 29/4/2010 on account of his ill health and requested that he may be allowed to retire voluntarily after expiry of 90 days from the date of application and the application may be treated as notice. The petitioner also requested to accept his voluntary retirement and grant retiral benefits, the notice was also sent by fax on 29/4/2010 itself and in terms of the notice, the petitioner was to retire voluntarily on 28/7/2010.