UNION OF INDIA Vs. BIJJILI BALAIAH

JUDGEMENT

(1.) The Union of India represented by its Secretary, Ministry of Comunications, Department of Posts, New Delhi and two others are in appeal before us in this writ appeal preferred against the order passed by a learned Single Judge of this Court in W.P. No.19381 of 2001, dated 28-12-2001, whereunder the learned Judge directed the appellants herein to take appropriate action in the matter in accordance with Clause 43 of the POSB Manual within a period of two months from the date of receipt of a copy of the said order.

(2.) In order to appreciate the question as to whether the impugned order passed by the learned Judge suffers from any infirmity requiring our interference in the matter, the relevant facts may have to be noticed:

(3.) The respondent-writ petitioner with his little savings purchased Indira Vikas Patras (IVP) on 18-12-1993 vide Receipt Nos.5 IVP/45B 991953 for Rs.1,000/-; 5 IVP/45B 991954 for Rs.1,000/-; 5 IVP/45B 991955 for Rs.1,000/-; 5 IVP/33C 336284 for Rs.5,000/-; 5 IVP/33C 336285 for Rs.5,000/- and 5 IVP/33C 336286 for Rs.5,000/-and their date of maturity is 18-5-1999. In the affidavit filed in support of the writ petition, it is stated that the respondent-writ petitioner lost the original Indira Vikas Patras and, therefore, he gave a complaint at Amberpet Police Station. Thereafter, the respondent-writ petitioner approached the third appellant herein with xerox copies of the said Indira Vikas Patras to redeem the value of the same as per the maturity value, followed by a legal notice dated 9-4-2001. The third appellant herein vide reply dated 16-4-2001 intimated the respondent-writ petitioner that as per Rule 10 of POSB Manual Vol.II if an IVP is lost, stolen or destroyed it will not be replaced by issue of duplicate certificate and there is no provision for issuing duplicate IVPs or to pay the maturity amount in the absence of original IVPs. The respondent- writ petitioner has challenged the same in the writ petition seeking a writ of mandamus as against the appellants herein to pay the maturity value of said six Indira Vikas Patras and to pass such further appropriate orders in the circumstances of the case.