Madhuvan Yadav v. National Insurance Company Limited And ORS

W.P.A. 12091 OF 2026 29.05.2026 Sl no. 22 (Vacation Bench) Madhuvan Yadav Ct no. 2 - Vs - P.M./S.M.

National Insurance Company Limited (NICL) & Ors.

Mr. Prabir Chandra Ghose ... for the petitioner Mr. Victor Chatterjee .... for the respondent No. 1

1. Affidavit of service filed by the petitioner is taken on record.

2. The writ application has been preferred being aggrieved by the conduct of the respondent National Insurance Company wherein the petitioner has not been permitted to join his new service on the ground that there has been a delay in joining.

3. It appears from the materials on record that the petitioner herein was employed in Bank of Baroda and had submitted his resignation from the said post prior to the formalities being completed by the National Insurance Company, which was a mandatory requirement. It appears from the record that the said delay was caused by another Government Body in releasing the petitioner

while completing the official formalities, being Bank of Baroda.

4. It appears that by the time the formalities were completed the last date as declared by the respondent National Insurance Company for such joining, expired.

5. It appears that prima facie there is no fault on the part of the petitioner herein for such delay in joining and this is an exceptional situation where the petitioner in the interest of justice should be accommodated.

6. Learned counsel appearing for the National Insurance Company submits that the petitioner's representation dated 12th May, 2026 is pending and the National Insurance Company shall consider the same.

7. Considering all these facts, the writ application is disposed of with a direction that the petitioner's case be considered by the respondent No. 1, keeping in mind the observations made by this Court in this order and in case the petitioner meets all requirements, other than the delay in joining, the same shall be condoned in the interest of justice and the petitioner will be

permitted to join his post with immediate effect.

8. The prayer of the petitioner be considered within seven days from this order.

9. This writ application stands disposed of.

10. It is further directed that one of the vacancies declared be reserved for the petitioner herein. 11.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities..

(Shampa Dutt (Paul), J.)