S.S. Kabotra, Dr. vs Chief Post Master General, Haryana

T.H.B. Chalapathi, J.—This writ petition is filed to direct the respondents to make payment of the amount due on Indira Vikas Patras

bearing Nos. 383509 and 383510 issued by the Senior Post Master, Karnal.

The petitioner retired as Assistant Medical Officer in Health Department of Haryana State on 16.3.1971 and he has been getting pension from

the Government of Haryana. Some time prior to 1989 the State of Haryana revised the pension payable to the retired employees. Under the

notification pension on account of enhancement of pension was to be paid through Indira Vikas Patras. Accordingly, the Treasury Officer, Karnal

purchased two Indira Vikas Patras bearing Nos. 383509 and 383510 valuing Rs. 500/ each and handed over the same to the petitioner through

the State Bank of India, Model Town, Karnal, in lieu of the arrears that were accrued to the petitioner due to revised pensionary benefits, but the

petitioner lost the said certificates in April, 1989 and he immediately lodged a report with the Local Police at Karnal in regard to the loss of the

said certificates. He also sent a copy of the complaint lodged with the Police to the Senior Post Master, Karnal, intimating him about the loss of the

these Indira Vikas Patras. The said Indira Vikas Patras matured on 6.4.1994. The petitioner approached the Senior Post Master, Karnal for

payment of the amount covered by the said Indira Vikas Patras. He also made a representation to the Chief Post Master of Haryana Circle,

Ambala in regard to the payment by his letter dated 29.6.1994 vide Annexure P5. In reply to the said letter, the Chief Post Master of Haryana

Circle at Ambala intimated the petitioner that there was no procedure for payment of lost Indira Vikas Patras as it cannot be replaced by issue of

duplicate vide Annexure P6 dated 4.7.1994. As the petitioner could not get the payment of the amount covered by the said Indira Vikas Patras, he

approached this Court by way of this writ petition praying for issuing a suitable direction to the respondents to make payment of the amount

covered by these Indira Vikas Patras.

Admittedly, the petitioner was 73 years old at the time when Indira Vikas Patras were given to him in lieu of the arrears of the revised

pensionary benefits that were accrued to him, but unfortunately he lost the said Indira Vikas Patras. No doubt, it is true that the Indira Vikas Patras

are issued without mentioning the name of the holder under the scheme for issuing Indira Vikas Patras (sic) can encash it by presenting the same in

any Post Office but under the provisions of Rule 8 of Indira Vikas Patras Rules, 1986, a certificate may be encashed at any other post office if the

officerincharge of the Post office is satisfied on verification from the issuing Post Office that such certificate has been issued by the said Post Office.

Therefore, before making any payment to the holder of Indira Vikas Patras by any other post Office other than the Post Office which has issued

the same, the officerincharge of the post office where encashment of the Indira Vikas Patra is sought to be made has to verify the fact from the

issuing Post Office that such certificate was issued by the said Post Office. From this, it is clear that the issuing Post Office will be intimated if the

Indira Vikas Patras is presented in some other Post Office for encashment.

The learned counsel for the respondents made a categorical statement before me that as per information furnished to him by the issuing Post

Office that these Indira Vikas Patras bearing No. 383509 and 383510 dated 6.4.1989 for the value of Rs. 500/ each have not been encashed so

far. Therefore, it is clear that Indira Vikas Patras which are the subject matter of this Writ Petition have not been encashed by the other person so

far. Thus the amount covered by these two Indira Vikas Patras remained with the Post Office which has issued these certificates.

The petitioner is now aged about 80 years. The amount covered by these two Indira Vikas Patras is only is sum of Rs. 1000/ and the maturity

value of which will be Rs. 2000/. It is unjust to deny him the benefit of encashment of these Indira Vikas Patras which were issued by the State of

Haryana in lieu of payment of arrears of the pensionary benefits that were accrued to him on account of revision of pension. In these

circumstances, instead of relegating the petitioner to any other remedy available to him under the law, I am of the opinion that the respondent can

be directed to pay the amount due on these two Indira Vikas Patras after obtaining an indemnity bond from the petitioner as admittedly the Indira

Vikas Patras which are the subject matter of this writ petition have not been encashed so far by any other person. On making such payment, the

issuing Post Office will make an endorsement to this effect in its register and if, at a later stage, any person produces the Indira Vikas Patras for

payment in any Post Office for encashment, the fact of payment made to the petitioner in respect of these two Indira Vikas Patras can be intimated

to the Post office where these are sought to be presented for encashment at a later date.

I, therefore, allow the Writ Petition and direct the respondents to make the payment of the maturity value of the two Indira Vikas Patras bearing

No. 383509 of 383510 issued by the Senior Post Office, Karnal. There will be no order as to costs.