This common order on several writ petitions directed insurance companies to consider petitioners' representations within four months for notional pension benefits, without expressing an opinion on merits.
Direct the respondent to consider representations within four months and pass appropriate orders.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27/4/2015
C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Writ Petition (MD) Nos.6435 to 6438 of 2015
1.N.Srinivasan ... Petitioner in WP.6435/2015 2.V.Selvaraj ... Petitioner in WP.6436/2015 3.S.Anandharaj ... Petitioner in WP.6437/2015 4.D.Rajasekaran ... Petitioner in WP.6438/2015 Vs
1.Union of India
Rep.by its Secretary, Ministry of Finance, Dept.of Economic Affairs, Banking and Insurance, IIIrd Floor, Jeevan Vikar, Sansad Marg, New Delhi – 110 001. ... Respondent No.-1 in all Wps.
2.United India Insurance Co.Ltd., Rep.by its Chairman & Managing Director, Whites Road, Royapettah, Chennai – 600 014. ... Respondent No.2 WP.6435/2015 3.New India Assurance Co.Ltd., Rep.by its Chairman & Managing Director, No.87, Mahatma Gandhi Road, Fort, Mumbai – 500 001, Maharashtra ... Respondent No.2 WP.6436/2015 4.Oriental Insurance Co.Ltd., Rep.by its Chairman & Managing Director, A-25/27, Asaf Ali Road, New Delhi – 110 002. ... Respondent No.2 WP.6437/2015
5.National Insurance Co.Ltd., Rep.by its Chairman & Managing Director, No.3, Middleton Street, Kolkatta – 700 001, West Bengal ... Respondent No.2 WP.6438/2015
Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioners' representations, dated 19.01.2015, 28.01.2015, 20.01.2015 and 20.01.2015 respectively claiming for the notional benefit of 5 years added service stipulated in para 30 of the General Insurance https://hcservices.ecourts.gov.in/hcservices/ (Employees') Pension Scheme 1995, as confirmed by the Hon'ble Supreme Court of India in its decision, dated 07.01.2015 in Transfer Case No.7 of 2011, etc.
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For Petitioners ... Mr.K.K.Senthil For Respondent-2... Mr.Perumal For Respondent-1... No Appearance
COMMON ORDER
The Writ Petitions have been filed, praying for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioners' representations, dated 19.01.2015, 28.01.2015, 20.01.2015 and 20.01.2015 respectively, claiming for the notional benefit of 5 years added service, stipulated in para 30 of the General Insurance (Employees') Pension Scheme 1995, as confirmed by the Hon'ble Supreme Court of India in its decision, dated 07.01.2015, in Transfer Case No.7 of 2011, etc.
3.The learned counsel appearing on behalf of the petitioners submitted that it would suffice, if the representations of the petitioners are disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.
4.In view of the limited scope of the prayer, without expressing any opinion on the merits of the issue involved, the second respondent is directed to consider the representations of the petitioners, dated 19.01.2015, 28.01.2015, 20.01.2015 and 20.01.2015 respectively, and pass appropriate orders, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order, after affording the Petitioners an opportunity of being heard. If on a specified date the Petitioners do not appear for personal hearing, orders may be passed on merits based on the available records after recording the absence of the party/Parties.
5.With the above direction, this Writ Petitions stand disposed of. No costs.
Sd/-
Assistant Registrar(RTI)
/True copy/
Sub Assistant Registrar
mpk.
To
https://hcservices.ecourts.gov.in/hcservices/ Dept.of Economic Affairs, Banking and Insurance, IIIrd Floor, Jeevan Vikar, Sansad Marg, New Delhi – 110 001.
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2.United India Insurance Co.Ltd., Rep.by its Chairman & Managing Director, Whites Road, Royapettah, Chennai – 600 014.
3.The Chairman & Managing Director, New India Assurance Co.Ltd., No.87, Mahatma Gandhi Road, Fort, Mumbai – 500 001, Maharashtra
+5cc to MR.K.K.SENTHIL,ADVOCATE IN SR NO.22984 +4CC TO MR.V.PERUMAL,ADVOCATE IN SR NO.22553
Writ Petition (MD) Nos.6435 to 6438 of 2015 27/4/2015 RG.11.05.2015 3P.15C
2 issues framed by the court
Whether the respondent insurer should be directed to consider representations for notional pension benefit.
Whether the 2nd respondent should be directed to pass appropriate orders on merits beyond four months.
Colour shows how this judgement treated each authority
Supreme Court decisionReferred¶10
Transfer Case No.7 of 2011
1 provisions across 1 enactments
N.Srinivasan
V.Selvaraj
S.Anandharaj
D.Rajasekaran
Union of India
United India Insurance Co.Ltd
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.Vaidyanathan
Parties & counsel
