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2010 Supreme(All) 1491

VINEET SARAN, RAN VIJAI SINGH
KAUSHAL KISHORE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Rajiv Locajn Shukla, A.K. Gupta and M.K. Gupta for the Petitioner; C.S.C., A.S.G.I., K.C. Sinha and V.C. Dixit for the Respondents.

JUDGMENT

By the Court.—The petitioner was an Officer of the Oriental Insurance Company Limited. Under the General Insurance Officers’ Special Voluntary Retirement Scheme, 2004 (for short ‘the Scheme of 2004’), which was applicable in the case of the petitioner, the petitioner applied for voluntary retirement. The said application of the petitioner was accepted by the Company on 27.2.2004, according to which, certain payments were to be made to the petitioner in lieu on his seeking voluntary retirement. It is now not disputed by the parties that all the payments under the scheme, except the ex-gratia payment amounting to Rs. 11 lacs and odd, has been made to the petitioner. The petitioner has thus filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondent-Insurance Company to release the ex-gratia amount payable to the petitioner under the Scheme of 2004 and other benefits guaranteed under the said Scheme alongwith interest at the rate of 9% per annum from the date of entitlement till the date of payment.

2. We have heard Sri Sanjay Kumar Dube, learned counsel for the petitioner as well as Sri V.C. Dixit, learned counsel appearing for








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