Allowed

B.Ramdas Associates v. Chief Postmaster General

Kerala HC22 May 2009WP(C)/4884/2009

Case brief

AI extract

What is this about?

The petitioner, a firm, sought to encash Kisan Vikas Pathras issued in its name. The respondent refused, citing rules restricting issuance to individuals. The court held that statutory provisions did not bar redemption and directed the respondent to permit encashment.

What did the court decide?

Second respondent directed to permit the petitioner to encash the Kisan Vikas Pathras and release the money value without delay.

B.Ramdas Associates Vs Chief Postmaster General — Pension and Retirement Benefits | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 4884 of 2009(F) -------------------------

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PETITIONER(S): ---------------

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B.RAMDAS ASSOCIATES, REPRESENTED BY ITS MANAGING PARTNER, B.RAMDAS, HARISREE, ROSSCOTE LANE, VAZHUTHACAUD, THIRUVANANTHAPURAM - 10.

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BY ADV. SRI.M.SREEKUMAR

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RESPONDENT(S): ---------------

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CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM - 33.

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THE SUB POSTMASTER, COTTON HILL P.O., COTTON HILL POST OFFICE, THIRUVANANTHAPURAM - 14.

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STATE BANK OF INDIA, ALTHARA BRANCH, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER.

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UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATION, DEPARTMENT OF POSTS, NEW DELHI.

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ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R SC SRI.K.K.CHANDRAN PILLAI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI, J

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W.P.(C).4884/2009

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Dated this the 22^nd day of May, 2009

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JUDGMENT

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Petitioner is described as 'B.Ramdas Associates'

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which is stated to be a partnership firm. Petitioner purchased 10 Kisan Vikas Pathras for Rs.10,000/each. Exts.P2 to P11 will show that the Kisan Vikas Pathras were issued in the name of B.Ramdas Associates. Kisan Vikas Pathras were produced before the State Government in connection with the contract work undertaken by the petitioner. Later they were released by the State Government and on completion of 5½ years of time which is the redemption period, petitioner submitted the same for redemption. After deduction of income tax, petitioner is entitled to an amount of Rs.1,87,000/-, according to him. The Bank authorities, before whom the KVPs were submitted, forwarded the same to the second respondent for encashment. Second respondent did not permit the encashment of the same. On enquiry, petitioner came to know that the

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W.P.(C).4884/2009

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authorities had taken the stand that KVPs were issued in the name of a firm that this was impermissible in terms of Rules which contemplated the issuance of KVPs only in favour of an individual either on his own behalf or his minor and a Trust and that KVPs should not have been issued in the name of an entity like a firm. Consequently, since there is an illegality in the issuance of KVPs, the same cannot be permitted to be encashed. Hence the writ petition.

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Respondents have filed a counter affidavit and taken the stand that pursuant to the amendment of the Kissan Vikas Pathras Rules, 1988, brought about with effect from 8.3.1995, only certain types of certificates are contemplated under the Rules. A single Holder Type Certificate could be issued to an adult for himself or on behalf of a minor or to a minor. It could also be issued to a Trust. The said Rules themselves were amended later in 2005. There was irregularity in the issuance of KVPs,

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W.P.(C).4884/2009

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Exts.P2 to P11. Postal Department is unable to resolve the same and they sought for instructions from the Ministry of Finance.

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I heard learned counsel for the petitioner and learned counsel for the respondents.

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Kisan Vikas Pathras are seen to have been issued in the name of a firm. Respondents do not have any specific objection qua the eligibility of the partners who constitute the firm which, according to them, has purchased the Kisan Vikas Pathras. Except for the alleged irregularity that KVPs were issued in favour of a firm and not an individual, the respondents do not have a case that there was any other illegality in the transaction by which the Postal Department had accepted the amounts deposited by the petitioner and issued the KVPs. Government has been a beneficiary of the amount deposited by the petitioner. Obviously the Government used the money. There are no other

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W.P.(C).4884/2009

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statutory provision standing in the way of the holder of the certificate redeeming the same. I am unable to accept the stand taken by the respondents that they can permit encashment only on receiving further instructions from the Ministry of Finance.

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For all these reasons, writ petition is allowed. Second respondent is directed to permit the petitioner to encash the Kisan Vikas Pathras, Originals of Exts.P2 to P11 and the money value of the Pathras, on redemption shall be released to the petitioner without delay.

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V.GIRI, Judge

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mrcs

B.Ramdas Associates v. Chief Postmaster General

Case brief

What is this about?

What did the court decide?

B.Ramdas Associates v. Chief Postmaster General

Case brief

What is this about?

What did the court decide?

What the court decided

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