ZACHARIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is an Upper Division Clerk in the department of Customs. In 1975 a loan of Rs. 25,000 was granted to him for the purpose of constructing a building. The amount was paid to him in four instalments and subject to the terms and conditions of Ext. P-5 mortgage. Ext. P-5 provides that the sum of Rs. 25,000 granted to him as a loan was repayable in accordance with the "Rules to regulate the grant of advances to Central Government Servants for building, etc., of houses" (the "Rules") issued by the Government of India, Ministry of Works, Housing and Supply with their O.M. No. H. II. 27 (5)/54, dated the 12th April, 1956. R.8 provides that the amount borrowed has to be repaid by monthly instalments within a period not exceeding 20 years. It further provides that the borrower can repay the amount in a shorter period if he so desires. It is also provided that the property mortgaged to the Government shall be reconveyed to the borrower if the advance together with the interest thereon has been repaid to the Government in full.

(2.) The petitioner has thus 20 years to repay the amount by monthly instalments. The Government have no obligation to reconvey to him the property mortgaged by him in favour of the Government until the entire amount due from him has been repaid in full.

(3.) The petitioner did not wish to continue the mortgage. He wanted to get the property released from the burden of mortgage by repayment of the total sum due from him to the Government. Accordingly he sent Ext. P-1 letter, dated 14th January, 1982 to the Assistant Collector of Customs, the 3rd respondent reading as follows:-