RAGINI DANDEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner has sought direction to the respondent authorities to deduct the amount of installment for repayment of loan from the salary of the petitioner whereby the respondent No.4 has no authority to recover the amount of loan after the death of her husband as he same amount of loan was the personal liability of the deceased and the petitioner cannot be made liable for repayment of the same. He has therefore prayed seeking for the relief(s) as under:

(2.) Briefly stated facts are that the husband of the petitioner namely Late Ashwani Kumar Dandekar had taken a personal loan (MC-TL-Express Credit JUN-19) of Rs.4,00,000.00 from the respondent No.4-State Bank of India, Main Branch, Raigarh during his lifetime which was sanctioned on 27/8/2020. Thereafter the petitioner was making repayment of the said loan along with interest by monthly instatement of Rs.7600.00 being deducted from his salary account. On 12/4/2022, husband of the petitioner died due to some health issue and after his death the repayment of loan amount could not be paid to the respondent No.4 from April 2022 to June 2022. Since the loan was the personal liability of the deceased and therefore it could not be recovered from his wife. The respondent No.4 contacted the petitioner that she has to make repayment of loan as some of the amount is still outstanding. Thereafter, the petitioner got compassionate appointment in the eduction department as Assistant Grade-III and the respondent No.4 after making adjustment for deducting the repayment of loan amount from the salary of the petitioner, it could not be recovered.

(3.) The husband of the petitioner had taken express credit loan from the State Bank and as per the terms and conditions of the Bank, it has been stated that any amount of standing loan could be recovered by the Bank from the amount payable as terminal benefits like PF and Gratuity of the deceased employee but no where it ha been mentioned that the said outstanding loan could be recovered from the relative of the deceased person. The petitioner made objection to the SBI officials with regard to deduction of repayment of loan from her salary. Being aggrieved by the said deduction, the petitioner has filed this petition.