Anand Prkah Singh v. The New India Assurance Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20942 of 2018 ====================================================== Anand Prakash Singh Son of Late Rajeshwari Prasad Singh, Mahavirasthan Near Rajendra Vidyalaya Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The New India Assurance Company Limited Mumbai through its Chairmancum-Managing Director 2.

The Deputy General Manager, HRM, New India Assurance Company Limited, Mumbai.

3.

The Chief Regional Manager, The New India Assurance Company Limited, 6th and 7th Floor BSFC Building, Fraser Road, Patna 4.

The Divisional Manager, the New India Assurance Company Limited, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Respondent/s :

Mr. Ashok Kumar Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2021 Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner and Mr. Ashok Priyadarshi, learned counsel for the New India Assurance Company Ltd.

The grievance of the petitioner is for non payment of amount for 126 days towards leave encashment, release of nonpersonal audit amount and further small amount towards transfer grant.

The petitioner was working as Management Scale- II Officer in the New India Assurance Company Ltd. (hereinafter referred to as the "Company") and retired in January, 2015 while posted at Divisional Office, Gaya. Insofar as other

Patna High Court CWJC No.20942 of 2018(11) dt.29-11-2021 2/3 grievances are concerned, learned counsel for the petitioner submits that the same has now been redressed except grievances under the aforesaid three heads under which the payments are due.

On the other hand, Mr. Ashok Priyadarshi, learned counsel appearing for the respondent - Company submits that with regard to payment towards leave encashment / unauthorized absence, the amount has been sanctioned and the same is likely to be paid within one month. Insofar as non payment of non-personal audit amount is concerned, learned counsel submits that central audit had raised an objection with regard to delayed payment of compensation amount to the beneficiary of a motor accident claim and due to delayed payment the Company had to pay more interest which has to be deducted from the persons responsible for making delayed payment. For clearance of the audit objection the competent authority is the Chairman of the Company. He next submits that if the petitioner is not responsible for any delayed payment, he may be directed to file a detailed representation before the Chairman, New India Assurance Co. Ltd. which shall be disposed by the Chairman in accordance with law. Regard being had to the submissions made by both

Patna High Court CWJC No.20942 of 2018(11) dt.29-11-2021 3/3 the parties and after going through the materials on record, the respondent- New India Assurance Company Ltd. is directed to make payment towards leave encashment /unauthorized absence within a period of two months from the date of receipt / production of a copy of this order. For the claim towards payment of non -personal audit amount and transfer grant, the petitioner is permitted to file a representation before the Chairman, New India Assurance Company Ltd i.e. respondent no. 1 within a period of one month from today and if such representation is filed by the petitioner, the Chairman, New India Assurance Company Limited is directed to dispose of the same within a period of two months thereafter in accordance with law and by a reasoned order.

Needless to say that if any amount is found payable to the petitioner, the same shall be paid within a period of one month from the date of disposal of the representation. With the aforesaid observation and direction, the writ application is disposed of.

(Anil Kumar Sinha, J) praful/- U