IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10843 of 2010 1. ANAND MOHAN JHA S/O LATE SHYAM SUNDAR JHA PRESENTLY RESIDING AT HOUSE OF MR. L.K. MISHRA, 3/12, WEST MAHESH NAGAR, P.S. PATLIPUTRA, DISTT.- PATNA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA DEPARTMENT OF ECONOMIC AFFAIRS, NEW DELHI 2. THE JOINT SECRETARY (BANKING & INSURANCE) DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, NEW DELHI 3. NEW INDIA ASSURANCE COMPANY LIMITED THROUGH ITS CHAIRMAN CUM MANAGING DIRECTOR NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI-1 4. THE CHAIRMAN CUM MANAGING DIRECTOR, NEW INDIA ASSURANCE COMPANY LIMITED NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI-1 5. THE GENERAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI-1 6. THE ASSISTANT GENERAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, NEW INDIA ASSURANCE BUILDING, 87, MAHATMA GANDHI ROAD, FORT, MUMBAI-1 7. THE REGIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED REGIOANL OFFICE, B.S.F.C. BUILDING, 6TH TO 7TH FLOOR, FRAZER ROAD, PATNA- 800001 8. THE MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED REGIONAL OFFICE, B.S.F.C. BUILDING, 6TH TO 7TH FLOOR, FRAZER ROAD, PATNA-800001 ----------- 3. 15.07.2010. Heard learned counsel for the petitioner and Sri Ashok Priyadarshi, learned counsel for the New India Assurance Company Limited. 2. Petitioner, who accepted his retirement in the light of the provisions of the General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 (hereinafter referred to as the “Scheme”) with effect from 12.3.2004 has filed this writ application for a direction to the New India Assurance Company Limited (hereinafter referred to as the “Company”) to grant him the benefit of the pay revision in terms of the notification dated 21st December, 2005, Annexure-3 which has come into effect with effect from 1st August, - 2 - 2002 until the date of his voluntary retirement i.e. 12.3.2004. 3. Aforesaid relief cannot be allowed to the petitioner in view of the proviso to Clause(3) of the notification dated 21st December, 2005, Annexure-3, whereunder it has been specifically stated that those employees of the Company who have taken special voluntary retirement under the Scheme are not eligible for grant of benefit under notification dated 21st December, 2005. In view of the clear embargo in the notification dated 21st December, 2005, Annexure-3 to grant benefit thereunder to the petitioner and others who took voluntary retirement under the Scheme are not entitled for grant of benefit under notification dated 21st December, 2005. In the circumstances, I do not find any merit in the writ petition, which is dismissed. It goes without saying that this order has been passed as petitioner has not chosen to challenge the vires of the notification dated 21st December, 2005. P.K.P. (V.N.Sinha,J.)