SANJAY KISHAN KAUL - (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. Late Sh. Manmohan Singh was on deputation to the Municipal Corporation, Chandigarh at the time of his demise and the details of the amount payable to his wife, the petitioner herein, have been set out in Annexure P14 dated 12.11.2007 the relevant portion whereof is extracted hereunder: - "It is intimated that following payment of the family pension (90%) have been made to you as detailed below: - Bill No. Period of family 100% Paid 90% Balance pension amount amount 10% 467 13.11.04 to 31.12.06 242838 218554 24284 88 1.1.07 to 30.4.07 44490 40041 4449 240 1.5.07 to 30.5.07 22020 19818 2202 332 1.7.07 to 31.8.07 22020 19818 2202 Total 331368 298231 33137 A sum of Rs. 4,60,444/ - is to be deducted from the pensionary benefits of the deceased employee on account of recovery of House Building Advance taken by him. The following payments of pensionary benefits have been kept pending: 1. Amount of D.C.R.G (maximum Rs. 3,50,000/ -) = 3,50,000/ - 2. Balance 10% payment of family pension for the period = 33,137/ - 13.11.04 to 31.8.07 3. Amount of family pension for the period = 34,449/ - 09/07 to 11/07 = 3 month @ 11,483/ - 4. Arrear of D.A. of pension for the period = 946/ - 7/07 to 8/07 Total payment due = 4,18,532/ - After adjusting the due pending payment of pensionary benefit i.e. Rs. 4,18,532/ -, a sum of Rs. 41,912/ - is still required to be deposited by you on account of balance recovery of House Building Advance." 90% of the family pension amount had been paid to her, as recorded in the aforesaid document retaining the balance 10%. The total amount found payable by the said letter was Rs. 4,18,532/ - and thereafter adjusting the same against the house building advance, still a sum of Rs. 41,912/ - was due. This was on account of the fact that the total due under the house building advance was Rs. 4,60,444/ -. The petitioner filed an O.A. before the Central Administrative Tribunal, Chandigarh Bench seeking a waiver of the house building advance on account of the demise of her husband. The case was that in such an eventuality the liability to repay the house building advance by her stood extinguished.
(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.;