NAGESH DINKARRAO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE amount of House Building Advance towards repayment of Life Insurance Corporation (LIC) loan, is sanctioned to the petitioner, as per his application dated 8th March, 1994. However, it seems that the petitioner has repaid the loan, and the purpose mentioned in the application is already satisfied. THE petitioner, thereafter, applied on 18/4/1995 for House Building Advance, as per the Maharashtra Government 'servants' House Building Advance Rules, 1962. In that application, the petitioner had stated that his application dated 8/3/1994 for loan for Rs. 85,000/- for repayment of LIC Housing loan shall be regarded as cancelled. However as he still required the amount for building the house, he had made the present application under the provision of Maharashtra Government Servants' House Building Advance Rules, 1962. THE petitioner apprehends that if he withdraws an amount of Rs. 85,000/- granted in his favour on the basis of his application dated 8th March 1994, he will be regarded as disentitled for the additional sum as per the Scheme formulated by the Governemnt under the Maharashtra Government Servants' House Building Advance Rules, 1962.

(2.) THE petitioner has requested in the application dated 18/4/1995 to retain his seniority as per the application made on 8th March 1994 in the category for which the application is made on 18/4/1995.

(3.) PRIMA facie, we feel that the grant of Rs. 85,000/- shall be regarded as per the application dated 18/4/1995 as the petitioner himself had requested for cancellation of the application dated 8th March, 1994. However, he merely requested to retain the seniority as per the application dated 8th March 1994. Because of the change of purpose the petitioner should not lose the opportunity of getting the amount for constructing the house. We, therefore, allow the petitioner to withdraw the amount of Rs. 85,000/-, granted as per the application dated 8th March 1994. We direct the authorities to consider the amount so sanctioned as if sanctioned on the basis of application dated 18/4/95.