Shiv Prasad Ram v. The Oriental Insurance Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8535 of 2023 ====================================================== Shiv Prasad Ram Son of Ram Vilas Ram, Resident of Mahabir Nagar, P.O. -Aurangabad, P.S.-Aurangabad, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The Oriental Insurance Company Ltd. through its Chief Managing Director, Oriental House, A-25/27, Asaf Ali Road, New Delhi- 110002. 2.

The General Manager, Personnel, the Oriental Insurance Company Ltd., Oriental House, A-25/27, Asaf Ali Road, New Delhi-110002. 3.

The Chief Regional Manager, The Oriental Insurance Company Ltd., Patna, Rajendra Path, Pirmohani, Patna-3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh, Advocate For the Respondents :

Mr. Satyabir Bharti, Advocate Mr. Kanupriya, Advocate Mr. Abhishek Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2023 1.

The present writ petition has been filed seeking the following relief:- "That, the present petition is for setting aside an order-dated 07.01.2016 passed by Deputy General Manager i.e., Appointing Authority for Promotion, the Oriental Insurance Co. Ltd. referring that in 3rd Para of subject letter dated 07.08.2015 inadvertently mentioned that

Patna High Court CWJC No.8535 of 2023(2) dt.18-12-2023 2/3 "the arrears accrued, if any, on account of fixation of salary as above will be admissible and paid to you" is clarified with extent that salary for intervening period from retrospective date of selection till the actual date of joining/ date of opting for fixation as the case may be/ shall be considered for fixation of the salary on promotion but no arrears will be admissible and payable, which may be noted without proper consideration of facts, law and legal expectation regarding the said claims, which was modified/ altered with adverse order without showcause and reasonable opportunity of hearing, which are basic and elementary law as well as the further prayer regarding grant of benefits and status as provided/ granted earlier to order under challenge and for other necessary relief/reliefs to the basis of facts and circumstances of case enumerated, stated and discussed hereinafter."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent-

Patna High Court CWJC No.8535 of 2023(2) dt.18-12-2023 3/3 authorities for redressal of his aforesaid grievance. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U