SMT. BHANWAR KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LATE Shri Pratap Singh, husband of petitioner Smt. Bhanwar Kanwar, died on 22.3.2004 while in service of Rajasthan Police as Constable. Shri Pratap Singh in his life time availed a loan of Rs.1.5 lac for house construction as per Rajasthan Subsidised Loans (HDFC Scheme) Rules, 1993. While awarding such loan several conditions were imposed including that -

(2.) AFTER death of Shri Pratap Singh, the petitioner submitted an application for grant of family pension and other death-cum-retiral benefits and to have that she approached the Treasury Officer to issue a "No Dues Certificate". The Treasury Officer, Chittorgarh, vide letter dated 21.7.2004 instructed the petitioner to deposit a sum of Rs.1,49,988/- including the interest in a tune of Rs.3030/- against the house construction loan advanced. The petitioner immediately responded the same and made a request to the Treasury Officer to condone the requirement of depositing the house loan advanced with interest in view of the provisions of the Housing Advanced Rules notified under the Government of Rajasthan order No.F-1(5)FD(R)70 dated 31.3.1970. As per the order aforesaid the due amount of house loan is required to be adjusted against death-cum- retirement gratuity, gratuity, bonus, government provident fund, leave encashment account etc. in the event of death of government servant and further that no interest shall be charged subsequent to the date of death of the employee concerned.

(3.) AS per the petitioner, the dues relating to house loan advance are supposed to be adjusted as per Government of Rajasthan order dated 31.3.1970, thus, a "No Dues Certificate" should be given by the Treasury without getting the loan advance deposited.