TYRRELI LETH LODGE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by way of this petition seeks direction of this Court to the respondents to pay principal amount of National Saving Certificates bearing No.549143 to 549152 each of Rs.5000/- as well as interest accrued thereon. The said National Savings Certificates were matured on 13-6-1989 with interest.

(2.) Learned advocate for the petitioner submitted that the said National Savings Certificates were purchased by the petitioner who is association of persons carrying philanthropic activities in the city of Vadodara on 13-6-1983 in the denomination of Rs.5,000/- each and the petitioner was entitled to receive the sum of Rs.10,075/- on maturity date of each National Savings Certificate i.e. on 13-6-1989. The said National Savings Certificates were purchased by the petitioner from the Post Master, General Post Office, Raopura, Vadodara and the same were issued along with identity slips for encashment thereof. Nobody objected the purchase of said National Savings Certificates at the time when the same were purchased. Learned advocate for the petitioner has also submitted that the amount of Rs.50,000/- of the said National Savings Certificates was enjoyed for a longer time by the Union of India and hence the said amount of Rs.50,000/- ought to have been returned to the petitioner together with interest on its maturity date. It is submitted by the learned advocate for the petitioner that over and above the principal amount of the said National Savings Certificates, the petitioner is entitled to interest on the amount of Rs.50,000/-. When the petitioner went to the post office of the respondents, the Post Master, General Post Office, Raopura, Vadodara had pointed out that the National Savings Certificates were issued in violation of the National Savings Certificates (VI Issue) Rules, 1981 (hereinafter referred to as "the Rules, 1981") and therefore the petitioner was not entitled to get the interest upon the principal amount of the said National Savings Certificates.

(3.) I have carefully perused the relevant material on record as well as the Rules, 1981. As per Rule 4 of the Rules, 1981, there are three types of Certificates which can be issued by the respondents. Said Rule 4 reads as under :