A retired Development Officer challenged the insurer's order recovering Rs.2,07,719 from his leave encashment without prior notice. The Court found no prior communication existed and quashed the impugned order, permitting the respondents to issue notice, hear objections, and pass fresh orders on merits.
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W.P(MD)No.11268 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.11.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN WP(MD)No.11268 of 2019
R.Sukumar
...Petitioner
vs.
1.The Chairman cum Managing Director, Oriental Insurance Company Limited, Oriental House, A22/27, Asaf Ali Road, New Delhi - 110 002.
2.The Manager, The Oriental Insurance Company Limited, Regional Office, II Floor, Ramalinga Radiance, 78, Thirupparankundram Road, Andalpuram, Madurai - 625 003.
3.The Divisional Manager, The Oriental Insurance Company Limited, P.K.S.A. Arumugappa Road, Sivakasi, Virudhunagar District. ...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned proceedings of the 3rd respondent in Ref.Nil dated 10.05.2017 and quash the same and consequently to direct the respondents, to settle the entire terminal benefits to the petitioner with interest at the rate of 12% from 31.03.2017, without any deductions.
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For Petitioner : Mr.K.S.Muthu For Respondents : Mr.C.Jawahar Ravindran for R2
ORDER
The present writ petition has been filed challenging the proceedings of the third respondent dated 10.05.2017, by and in which, the third respondent recovered a sum of Rs.2,07,719/- from the earned leave encashment amount of the petitioner.
2. Heard both sides.
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submit that only based upon the letter sent by the petitioner, the amount was deducted and that there were earlier correspondences between the petitioner and the respondents. So, the issuance of prior notice does not arise.
W.P(MD)No.11268 of 2019 from the date of receipt of notice. On receipt of explanation / reply, the respondents are at liberty to pass orders afresh within a period of two weeks from the date of receipt of the explanation / reply, on its own merits and in accordance with law.
21.11.2025
Index : Yes/No NCC : Yes/No Internet :Yes mbi To The Divisional Manager, The Oriental Insurance Company Limited, P.K.S.A. Arumugappa Road, Sivakasi, Virudhunagar District.
C.KUMARAPPAN, J.
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WP(MD)No.11268 of 2019
21.11.2025
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1 issue framed by the court
Whether the recovery of Rs.2,07,719 from the petitioner's earned leave encashment, without prior notice, violated natural justice and was liable to be quashed.
1 provisions across 1 enactments
R.Sukumar
The Chairman cum Managing Director, Oriental Insurance Company Limited
The Manager, The Oriental Insurance Company Limited, Regional Office, Madurai
The Divisional Manager, The Oriental Insurance Company Limited, Sivakasi
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
