Varun Rahul Rajpal And ANR. v. Union Of India And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 26695 OF 2024 VARUN RAHUL RAJPAL & ANR.

VS.

UNION OF INDIA & ORS.

MR. EMON BHATTACHARYA, ADVOCATE MS. POOJA SAH, ADVOCATE MR. SOURISH RAY, ADVOCATE ......for the PetitionerS MR. VIPUL KUNDALIA, SR. ADVOCATE MR. AMIT KUMAR MISHRA, ADVOCATE MR. ANINDYA KANAN, ADVOCATE MR. DHIRODATTU CHAUDHURI, ADVOCATE ......for the Union of India

1. The writ-petitioners complain of inaction on the TUESDAY Court : CB-28 Item : DL-28 Matter : WPA Status : DISMISSED ID : 266306 AR : NANDY part of the respondents - postal authorities in not taking steps to release the sums claimed to be due and owing to the writ-petitioners in respect of the Provident Fund Account (in short PPF) being nos. 2714782609 and 2714782593 respectively opened on 17.08.1998 and 10.09.1998 in the name of the petitioner nos. 1 and 2 with Bidhannagar CC Block Post Office, HSG-II, Office of the Post Master, Kolkata - 700064.

2. The petitioners assert that despite repeated requests, the amounts lying to the credit of the petitioners in such accounts have not been transferred to the Joint Bank Account of the petitioners being Bank Account No. 5584310004 maintained with CITI Bank, Mumbai having IFSC - CITI0100000.

3. Learned Advocate appearing for writpetitioners submits that at the time when the aforesaid PPF Accounts had been opened, the writ-petitioners were citizens of India but

P a g e | 2 subsequently, in or about the year 2019, the petitioners became citizens of United States of America. To be precise, the petitioner nos. 1 and 2, received citizenship of the USA respectively on 06.08.2019 and 23.08.2019.

4. The petitioners further submit that it would be apparent from the communications made by the respondents that the aforesaid PPF Accounts that had been opened on 17.08.1998 and 10.09.1998 as aforesaid matured for payment on 31.03.2014 and that the petitioners became citizens of United States of America after the said date. It is submitted on behalf of the petitioners that the petitioners would be satisfied if the interest payable to PPF Account holders is paid to the petitioners till the date of maturity of the said PPF accounts i.e. 31.03.2014.

5. Mr. Kundalia, learned Senior Advocate, appearing for the respondents, submits that apparently, there are two hurdles in acceding to the request of the petitioners. The first of such hurdle is that the 'Account Opening Forms' of the aforesaid two PPF Accounts are not available with the authorities. The second obstacle which learned Senior Advocate points out, is that despite request being made by the respondents to submit the original passbooks along with Closure Form and other closure related documents, the writ-petitioners have not yet furnished the aforesaid documents to the relevant authorities.

6. Learned Advocate appearing on behalf of the writpetitioners, submits that the request for submission of original passbooks along with closure forms and other closure related documents was made to the

P a g e | 3 petitioners through petitioners'

learned Advocate during the pendency of the writ-petition and that the expression "other closure related documents" used in the said letter is too vague to be deciphered by the petitioners.

7. Learned Advocate appearing for the petitioners further submits that the respondent should specify the documents which the respondents require in order to enable the petitioners to submit or furnish the same, so that the process of payment can be expedited.

8. Having heard the learned Advocates for the respective parties and upon having perused the material on record, this Court is of the view that the first of two hurdles indicated by respondents, cannot be attributed to petitioners,. It was for the respondents to maintain the records properly and to keep the same straight. The respondents would therefore take all possible steps to find out the records and to do the needful to take an appropriate decision on the petitioners' request.

9. Further, the learned Advocate for the petitioners, is justified in submitting that the expression "other closure related documents" is too vague to be understood. The respondents would, therefore, be obliged to indicate to the petitioners, specifically, as to what documents are required by them from the petitioners for the purpose of processing the petitioners' request for closure of the PPF Account and for making the payment of the earnest money due to the petitioners as on 31.03.2014.

10. In order to expedite the process, the petitioners would for the present, submit the documents that

P a g e | 4 the petitioners have, in terms of the letter dated 11.11.2024 with the respondent-authorities.

11. The respondent-authorities shall within a period of two weeks from the date of communication of this order, indicate to the petitioners the "other closure related documents" that are required by the respondents from petitioners and petitioners shall in turn furnish/submits the required documents to the respondents within a period of four weeks from the date of receipt of the specific requisition from the respondnets. The respondents shall take steps to close the PPF Accounts and release payments in favour of the petitioners strictly in accordance with law within a period of six weeks thereafter.

12. It is submitted on behalf of the petitioners that while the Bank Account Number being 5584310008 maintained with CITI Bank, Mumbai having IFSC CITI 0100000 remains the same, the Bank has changed pursuant to the amalgamation of CITI with AXIS Bank. The payments, therefore, would be released by the respondents in favour of the petitioners in Account No. 5584310008 maintained with AXIS Bank, Mumbai having IFSC UTIB0005115.

13. It is made clear that this order should not be treated as one having relaxed any norm, rule or regulation governing the modalities of the closure of the PPF Accounts or release of payment in favour of the petitioners. The respondent authorities shall ensure that the entire exercise is completed within the time mentioned hereinabove.

14. It is also made clear that in case the respondents for any reason conclude that the petitioners are not entitled to payment then the respondents shall

P a g e | 5 within the aforesaid period communicate such conclusion along with reasons therefor to the petitioners.

15. With these observations, WPA 26695 of 2024 is disposed of.

(OM NARAYAN RAI, J.)