AVINDHAR P SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. In view of the fact that Ms.P.G.Davawala has put appearance on behalf of respondents, no need to send notice of Rule to the respondents. Reply to the special civil applications have been filed on behalf of respondents. Looking to the nature of case and as in these two special civil applications, a common question of fact and law has arisen the same are taken up for final hearing today and are being disposed of by this common order with consent of learned counsel for the parties.

(2.) The petitioners prayed for declaration that the action on the part of respondents of withholding the interest on the amounts deposited by them under the National Savings Scheme, 1987, (N.S.S.) is illegal, unreasonable and without any authority of law. Challenge has also been made to the order dated 30.4.98, Annexure-L, under which the respondents have declined to regularize the N.S.S. account of the petitioners.

(3.) It is not in dispute that the petitioner opened an account bearing No.8872 in National Savings Scheme, 1987. On the request made by petitioner for closure of the said account, the respondents though paid the principal amount of the deposit but refused to release the amount of interest so accrued on the principal amount under the guise and pretext that irregularly account was opened. The petitioner approached to the respondents for regularization of this account but that has also been declined. Hence these two special civil applications before this Court.