BHUPINDER KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Life is uncertain! The best of intentions can be brought at naught by unfortunate uncertain events. We are faced with such a situation where late Sh. Manmohan Singh, Head Draftsman working with the office of Public Health Department suddenly passed away on 12.11.2004 in an accident.

(2.) IN order to have a roof over his head, he had availed of a house building advance in pursuance to an application made on 03.02.1999. He had still 20 years of service left at that stage and, thus, when he passed away he still had about 15 years of service. The house building advance, as per the application Annexure R -6/1, was governed by the Rules regulating the grant of such advance to Central Government servants and he agreed to abide by the terms and conditions stipulated therein. Late Sh. Manmohan Singh also executed an affidavit permitting the respondents to deduct the lump -sum amount from the principal and interest still remaining outstanding at the time of retirement from the dues payable to him at that stage.

(3.) THE aforesaid argument is predicated on certain notifications and office orders. In terms of notification dated 13.01.1992 (Annexure P2), as per the Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 (which came into force on 01.04.1991), the condition of service of persons appointed to the Central Civil Services and posts under the administrative control of the Administrator of the Union Territory of Chandigarh is to be the same as the service condition of persons appointed to corresponding posts in the Punjab Civil Services and the same rules and orders are to govern them. This circular was followed with the administrative clarification qua application of Punjab Rules issued on 26.06.1992 arising from clarification sought by some departments as to whether the rules and orders of the Punjab Government would be applicable or the Central Rules would continue to be applicable to the employees. In this circular, it has been noted that conditions of service would include matters of probation, seniority, pay of members of service, leave, pension and other cognate matters as also matters relating to discipline, penalties and appeals. The clarification is followed up with another clarification dated 29.10.2012 (Annexure P4) where the expression "other cognate matters" used in the circular dated 26.06.1992 has been qualified enumerating 12 aspects including "loans and advances" at serial No. 10. However, this clarification stood modified by a subsequent clarification dated 06.07.1994 to the effect that serial No. 10 referred to aforesaid stood deleted and "loans and advances" would continue to be regulated in terms of the General Financial Rules, as applicable.