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HIGH COURT OF DELHI
Date of Decision: 08th December, 2022
ORIENTAL INSURANCE
COMPANY LIMITED ..... Petitioner
Through: Mr. Dinesh Mathur, Mr. Aaditya Vijay Kumar and Ms. Akshita Katoch, Advocates.
Through: Ms. Arunima Dwivedi, Central Government Standing Counsel with
Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates for UOI/R-1.
Mr. Pratap Venugopal and Mr. Abhishek Anand, Advocates for R-2.
SHRI ALOK KUMAR SINGH ..... Petitioner
Through: Mr. Pratap Venugopal and Mr. Abhishek Anand, Advocates.
LTD. AND ANR. ..... Respondents
Through: Mr. Dinesh Mathur, Mr. Aaditya Vijay Kumar and Ms. Akshita Katoch, Advocates for R-1.
Mr. Anurag Ahluwalia, Central Government Standing Counsel with Mr. Abhigyan Siddhant and Mr. Rahul Sharma, Advocates for R-2.
JUDGMENT
1. W.P.(C) 12209/2022 has been filed by the Petitioner/Oriental Insurance Company Limited, seeking quashing and setting aside of the order dated 06.05.2022, passed by Chief Commissioner for Person with Disabilities (Divyangjan) in case No. 13145/1023/2022.
2. W.P.(C) 13820/2022 has been filed by Shri Alok Kumar Singh, who was the complainant before the Chief Commissioner for Person with Disabilities (Divyangjan) in case No. 13145/1023/2022, seeking direction to the Oriental Insurance Company Limited to comply with the order dated 06.05.2022 as well as to quash the communication dated 01.08.2022, whereby Respondent No. 1 has allegedly refused to comply with the said order.
3. On 06.05.2022, on a complaint filed by the Petitioner in W.P.(C) 13820/2022, the Chief Commissioner passed an order recommending that the complainant be employed on a supernumerary post with all service benefits and in case any salary or other monetary benefits have been deducted by the Respondents, the same shall be restored.
4. With the able assistance of learned counsels for the parties, matter has been amicably resolved and settled. Parties have agreed as under:- (a) Respondent No. 2 in W.P.(C) 12209/2022 shall accept VRS and Petitioner shall make the following payments to Respondent No. 2:- “1. Monthly Pension Rs. 82,157 per month
2. RBS Rs. 30,000 one time
3. GSLI Rs. 1.[5] to 2 lakhs one Time
4. Gratuity Rs. 25,26,233
5. PF (own contribution) Rs. 34,90,963
6. Commutation of Pension Rs. 33,54,242
7. Ex Gratia Medical Relief (directly to hospital) Rs. 5,00,000” (b)Respondent No. 2 in W.P.(C) 12209/2022 shall vacate the official premises, in which he is currently residing, on 26.02.2026. After three months from the date of acceptance of VRS, Respondent No. 2 shall pay an amount equivalent to the last drawn HRA to the Petitioner till the premises are vacated.
5. In case there is any change of circumstance or any contingency arises in the future, requiring variation of the aforesaid terms, either of the two parties is at liberty to approach the Court.
6. It is made clear that the present order has been passed with mutual consent of the parties to the lis and in the extraordinary and peculiar fact and circumstances of the present case and shall not be treated as precedent in any other matter.
7. In view of the aforesaid, writ petitions along with pending applications are disposed of, modifying the order dated 06.05.2022 passed by the Chief Commissioner for Person with Disabilities (Divyangjan) in case No. 13145/1023/2022, to the extent aforementioned.
JYOTI SINGH, J DECEMBER 08, 2022