Decided on March 15,1999

Nana Raina Appellant
Chairman, General Insurance Corp , Of India Respondents


AURN KUMAR GOEL, J. - (1.) PETITIONERS have filed this writ petition for the grant of following reliefs: "In the premises, it is accordingly prayed that the Honble Court may in the facts and circumstances of the case be pleased to show indulgence in the matter and by the issuance of writ, order or direction indulging a writ in the nature of mandamus commanding the respondents to disburse/pay to the petitioner the facilities/ incentives in the nature of disturbance allowance, transport and food, double HRA, one months salary as advance on the analogy and principles on which it came to be provided to all the employees working in all the subsidiaries of the General Insurance Corporation of India in the Kashmir Valley, from the date the said incentives were provided to them."
(2.) ADMITTED facts of this case are that petitioners are working with the United India Insurance Company Limited which is a subsidiary of General Insurance Corporation of India. All the petitioners are presently working at Jammu since they migrated in the year 1990 on account of wide -spread disturbances in the Valley. Prior to their migration all the petitioners were working at different places in the Valley with the United India Insurance Company Limited.
(3.) IN the aforesaid circumstances petitioners claim that they be provided double house rent allowance (HRA) transport and food, board and lodge facilities, one months advance salary and disturbance allowance. All these incentives have been provided by the United India Insurance Company Limited (hereinafter referred to as respondent No.2) to all its migrant employees, who had in fact resumed back their duties in the Kashmir Valley and leaving their facilies at different places/stations because of the situation prevailing there. It is further not in dispute that to the employees, who pursuant to the directions of General Insurance Corporation of India (hereinafter referred to as respondent no.1) issued through its subsidiaries like respondent no.2 resumed duties in the Valley were and are getting the aforesaid incentives. It is further not in dispute that petitioners were neither willing nor are even now prepared to resume their duties in the Valley.;

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