IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4462 of 2010 PRABHASH RANJAN SINHA S/O LATE BAGESHWARI PRASAD R/O VILLAGE SITALPUR BAREJA, P.S.- SITALPUR, DISTRICT - SARAN AT PRESENT RESIDNET OF 304, KRISHNA KUNJ APRTMENT, 8, S.K. NAGAR, ROAD PATNA AND POSTED AS DEVELOPMENT OFFICER, GRADE-1 NEW INDIA ASSURANCE COMPANY LTD. DIVISIONAL OFFICE NO.2, GOVIND BHAWAN, NEW DAK BUNGLOW ROAD, PATNA Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF FINANCE AND COMPANY AFFAIRS (DEPARTMENT OF ECONOMIC AFFAIRS), INSURANCE DIVISION, NEW DELHI. 2. THE JOINT SECRETARY , GOVERNMENT OF INDIA MINISTRY OF FINANCE AND COMPANY AFFAIRS (DEPARTMENT OF ECONOMIC AFFAIRS), INSURANCE DIVISION, NEW DELHI. 3. THE NEW INDIA ASSURANCE COMPANY LTD., 87, MAHATMA GANDHI ROAD, MUMBAI THROUGH ITS CHAIRMAN- CUM MANAGING DIRECTOR. 4. CHIEF REGIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD. REGIONAL OFFICE AT B.S.F.C. BUILDING , FRASER ROAD, PATNA 5. DIVISIONAL MANAGER THE NEW INDIA ASSURANCE COMPANY LTD. DIVISION OFFICE NO. 2 , GOVIND BHAWAN, NEW DAK BUNGLOW ROAD, PATNA - 800001 6. SENIOR BRANCH MANAGER THE NEW INDIA ASSURANCE COMPANY LT. EXHIBITION ROAD BRANCH NO. 1, PATNA ----------- 03. 26.03.2010 Heard learned counsel for the petitioner, Sri Ashok Priyadarshi and Sri Sanjay Singh for the New India Assurance Company Ltd(hereinafter referred to as the Company). 2. Petitioner is Development Officer, Grade-1 in the Company. He has filed this writ application for quashing notice dated 8.12.2008, Annexure-2, whereunder the Divisional Incharge of the company has been directed to recover the amount of Rs.1,97,975/- paid to the petitioner as allowance under development scheme in 39 instalments. 3. Counsel for the petitioner states that recoveries are made in the light of the provisions contained in General Insurance(Rationalisation of Pay Scale and Other Conditions of Service of Development Staff) Scheme, 1976 as amended from time to time. The aforesaid scheme was subject matter of challenge in the Hon’ble Supreme Court and the contents of the scheme was initially - 2 - stayed by the Court but after disposal of the matter before the Hon’ble Supreme Court the Government of India Ministry of Finance (Department of Financial services), Insurance Division, New Delhi issued notification dated 19.6.2008 for giving effect to the orders of the Hon’ble Supreme Court, whereunder explanatory memorandum is incorporated stating that no Development Officer of the Company is likely to be affected adversely by the notification being given retrospective effect. In the light of the aforesaid explanatory clause it is submitted that the recoveries made from the petitioner is not in tune with the notification dated 19.6.2008, Annexure-1. 4. Let the authorities of the Company consider the request of the petitioner for refund of the amount recovered form the petitioner in terms of the provisions contained in the notification of the Government of India dated 19.6.2008, Annexure-1 in the light of my observations and directions contained in order dated 12.3.2010 passed in C.W.J.C. No. 2998 of 2010 in the case of Vijay Kumar, who was Development Officer in the United India Insurance Company Limited. The directions issued by this Court in the aforesaid case shall apply to the petitioner as also the company in the present case as well. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)