Extracted from the PDF above. The PDF is authoritative.
156 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
COCP No. 1014 of 2025 (O&M)
Date of Decision: 10.07.2025
Surinder Singh .......... Petitioner Versus
Girija Subramanian, Chairman-cum-Managing Director, The New India Assurance Co. Ltd., Mumbai and others .......... Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present: Mr. Puneet Gupta, Advocate, for the petitioner.
Mr. Ashwani Talwar, Advocate, for the respondents.
**** HARKESH MANUJA, J. (ORAL)
CM-4084-CII-2025
Application is allowed, as prayed for, subject to all just exceptions. Exemption from filing the certified copies of annexures is granted, while permitting for filing the photocopies/typed copies thereof. CM-6191-CII-2025
Application for placing on record the reply alongwith Annexures R-1 to R-7 on behalf of the applicants-respondents, is allowed subject to all just exceptions. Copy thereof be supplied to the opposite side.
Registry to do the needful. CM-12543-CII-2025
Application for placing on record the counter affidavit dated 02.07.2025 of the applicant-petitioner, is allowed subject to all just exceptions. Copy thereof be supplied to the opposite side.
Registry to do the needful. Dinesh Kumar 2025.07.11 12:03 I attest to the accuracy and integrity of this document
COCP No. 1014 of 2025 (O&M)
[2]
MAIN CASE
Learned counsel for the petitioner contends that the grouse of the petitioner to the Show Cause Notice dated 13.03.2025 which has been issued in terms of order dated 05.12.2024 (Annexure P-1) passed by this Court in CWP-6181-2016, titled “Surinder Singh Versus New India Assurance Co. Ltd. and another”, is that a specific amount sought to be recovered against the petitioner has not been mentioned therein and rather, it has been stated that a hearing is sought to be provided against the due amount as regards decrements for the period 2009—2015 alongwith the consequent effects. Learned counsel, thus, submits that the term “alongwith the consequent effects” has not been clarified or specified in the Notice dated 13.03.2025. Relevant portion of the Show Cause Notice dated 13.03.2025 is extracted hereunder:-
“ …………………..
For the purpose of providing you with a fair hearing it is being specified that the due amounts as regards decrements for period 2009-2015 tabulated above alongwith the consequent effects are to be recovered from you under Paragraph 48 of the General Insurance (Employees’) Pension Scheme, 1995.”
[2] To this, learned counsel for the respondents, on instructions from Sh. Vishal Malhotra, Assistant Manager, New India Assurance Company Ltd., who is present in Court, submits that the due amounts can be specified / quantified as Rs. 4,12,150/- plus the benefits of pay revision drawn by the petitioner, if any, which was ordered by the respondent-The New India Assurance Company Ltd. in the year 2016 and was made effective from the year 2012. Dinesh Kumar 2025.07.11 12:03 I attest to the accuracy and integrity of this document
COCP No. 1014 of 2025 (O&M)
[3]
[3] In view of the aforesaid specific stand taken by respondent(s), the grievance of the petitioner stands redressed; as such, learned counsel for the petitioner does not press the present petition any further. [4] Petition is disposed off. [5] Rule stands discharged. [6] The petitioner shall be at liberty to file reply to the aforementioned Show Cause Notice dated 13.03.2025 within four days from today. [7] Pending miscellaneous application(s), if any, shall also stand
disposed off.
July 10, 2025
( HARKESH MANUJA ) 'dk kamra'
JUDGE
Whether Speaking/reasoned Yes/No Whether Reportable Yes/No
Dinesh Kumar 2025.07.11 12:03 I attest to the accuracy and integrity of this document