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2019 Supreme(Del) 39

S.MURALIDHAR, SANJEEV NARULA
P. C. SEKHAR – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LIMITED – Respondent


Advocates Appeared:
For the Appellant : Mr. P.C. Sekhar.
For the Respondents:Mr. Saurabh Prakash with Mr. Utsav Jain, Advocates.

JUDGMENT :

SANJEEV NARULA, J.

1. The present appeals under clause X of Letters patent appeal are directed against the common judgment dated 29th July, 2015 whereby the learned Single Judge disposed of Writ Petitions No. 3416/2002 and 10209/2009.

2. Shri. P.C. Sekhar, the Appellant in LPA No. 656/2015 (hereinafter referred to as ‘the Appellant’) has succeeded in both the writ petitions and the learned Single Judge has quashed the charge sheet issued against him and allowed the Appellant to voluntary retire with effect from 12th September, 2005 along with consequential benefits with effect from the said date. Thus, in LPA No. 656/2015, the Appellant has a limited challenge. He is seeking directions against the Respondent-the New India Assurance Company Limited (hereinafter referred to as ‘NIACL’), for grant of retirement benefits under Special Voluntary Retirement Scheme 2004 (hereinafter referred to as ‘SVRS’) up till the date of his illegal removal; consequential benefits; and claim of counting of his past services. The NIACL, on the other hand, in LPA No. 657/2015 seeks the setting aside of the impugned judgment dated 29th July, 2015.

Background Facts

3. It would be apposite to note th
































































































































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