- (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 - 1.the proceedings shall be initiated to recover the entire amount advanced with penal interest in the event of violation of the conditions pertaining to payment of instalments; 2.in the event of termination of loanee from service the remaining amount of loan advanced shall be recovered from his gratuity/pension; 3.the responsibility to deduct hazard fund from salary of the employee shall be on drawing and disbursing authority and in the eventuality of non-withdrawal of hazard fund from pay of the Government servant relating to the month of March, then such fund is required to be deposited compulsorily through challan; 4.the employee shall be abide for getting such hazard fund deducted; 5.the employee and the drawing and disbursing authority shall be liable for making timely deductions of hazard fund.
(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. No response to the request made by the petitioner was given by the Treasury Officer. However, the Superintendent of Police, Chittorgarh, under a latter dated 13.7.2006 conveyed to the Treasury Officer that the hazard fund contribution in a tune of Rs.57/- was recovered from the pay of Late Shri Pratap Singh under TV No.24 dated 1.1.2003, but his name was not shown in the list of the employees from whom the hazard fund contribution was deducted for the year 2003-04. A request was made to issue No Dues Certificate in favour of the petitioner to finalise her pension/gratuity case. No such certificate was issued even then, hence, the petitioner preferred this petition for writ.
(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.;