MOHANA T R Vs. UNION OF INDIA

JUDGEMENT

(1.) The interpretation to be placed on rules 4 and 5 of the Post Office Monthly Income Account Rules, 1987 (hereinafter referred to as the MIA Rules for short) framed and issued by the Central Government under section 15 of the Government Savings Banks Act, 1873 (hereinafter referred to as the Savings Banks Act for short), is the issue that arises for consideration in this writ petition. The brief facts of the case are as follows: The petitioner was formerly residing at Chennai with her husband Sri. Sadasiva Pai. While the petitioner and her husband were residing at Chennai, on 17.5.2004, the petitioner's husband opened five single accounts under the MIA Rules by depositing Rs. 50,000/- each in his name in different Post Offices at Chennai. On 12.8.2004 he opened yet another single account under the MIA Rules in his name by depositing Rs. 50,000/- in another Post Office. The petitioner and her husband opened two joint accounts by depositing Rs. 1,50,000/- each and one joint account by depositing Rs. 3,00,000/- in their joint names under the MIA Rules on 13.7.2004 at three different Post Offices in Chennai. Later, on 14.3.2005, the petitioner opened a single account by depositing Rs. 60,000/- in her name under the MIA Rules. After the accounts were opened, the interest payable in respect of the different deposits was being credited in the savings bank accounts maintained by the petitioner and her husband in One of the Post Offices at Chennai. In July 2006, the petitioner and her husband shifted residence to Pune. On their request, all the accounts under the MIA Rules standing in "their individual and joint names were transferred to the Air Force Station Post Office at Lohegaon in Pune. It is stated that in order to facilitate payment of interest every month, they also opened (according to the petitioner, at the instance of the 4th respondent Post Master) Savings Bank Account No. 858971 in their joint names at the Air Force Station Post Office and the petitioners were drawing interest on the deposits every month till November 2009. Thereafter, they shifted residence to Aluva where they are presently residing.

(2.) After the petitioner and her husband shifted their residence to Aluva, they applied for transfer of the accounts to Head Post Office, Aluva and that was done after the Senior Superintendent of Post Offices, Aluva Division intervened, on 20.2.2010. The dispute in this writ petition relates to the closure of MIS Account No. 691274 opened by the petitioner on 14.3.2005 at Anna Nagar (MDG) Post Office in Chennai, by depositing Rs. 60,000/- in her name, which was numbered as MIS Account No. 30451 on being transferred to Air Force Station Post Office at Lohegaon, Pune and as MIS Account No. 243994 on being transferred to Head Post Office, Aluva. The dispute also relates to the closure of MIS Account No. 29069 opened by the petitioner and her husband jointly on 13.7.2004 at Shenoy Nagar Post Office in Chennai by depositing Rs. 3,00,000/-, which was numbered as MIS Account No. 30405 on being transferred to Pune and as MIS Account No. 243995 on being transferred to Head Post Office, Aluva. After the petitioner and her husband shifted their residence to Aluva, the petitioner applied for closure of the aforesaid two accounts by submitting Ext.P1 application dated 23.2.2010 for the purpose of raising funds for the treatment of her mother-in-law. She also surrendered the originals of the passbooks along with the application. The fifth respondent closed the said accounts and issued the original of Ext.P4 cheque dated 23.2.2010 for Rs. 2,09,600/- drawn on State Bank of Travancore, Aluva Branch. On enquiries made, the petitioner and her husband were informed that the sum of Rs. 1,28,000/- which was paid by way of interest in MIS Account No. 243995 and the sum of Rs. 22,400/- paid by way of interest in MIS Account No. 243994 were recovered from the principal amount deposited in the two accounts, for the reason that the accounts were opened in violation of the MIA Rules. The petitioner thereupon submitted Ext.P6 representation before the Post Master, Head Post Office, Aluva with copy to the Senior Superintendent, Head Post Office, Aluva, pointing out that she was entitled for payment of the sum of Rs. 3,60,000/- being the aggregate of the amounts deposited in the two accounts referred to above, with interest from November, 2009. When no reply was forthcoming, the instant writ petition was filed on 29.3.2010, seeking the following reliefs:-

(3.) The fifth respondent has on his own behalf and on behalf of the first respondent filed a counter-affidavit dated 28.5.2010. The fifth respondent has in the counter affidavit admitted the fact that all the ten accounts were opened in various Post Offices at Chennai, that they were later transferred to Air Force Station Post Office; Pune and still later, to Aluva Head Post Office. The details of the accounts as set out in paragraph 4 of the counter affidavit are extracted below:-