Smti.Mimi Singharoy v. The Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/505/2024 Smti. Mimi Singharoy Vs.

The Union of India and Others Mr. Ananda Halder ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondents March 21, 2025 [AKB] Item No.1 1.

The instant writ petition has been filed, inter alia, praying for a direction upon the respondents particularly the respondent No. 3 to pay the interest at the rate of 8 percent per annum over and in respect of the misappropriated amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the petitioner calculated with effect from the month of September, 2016 to the month of January, 2020 when the said amount was actually disbursed in favour of the petitioner.

2.

It is the petitioner's case that in the year 2016 when the petitioner was working as a Nursing Tutor in the ANM Training School, Sri Vijaya Puram, she had submitted an application for withdrawal of nonrefundable GPF to the extent of Rs. 10,00,000/- (Rupees Ten Lakhs only), for repair of her house. Accordingly, on the basis of her application, the Directorate of Health Services, Sri

Vijaya Puram sanctioned her, nonrefundable GPF withdrawal vide an order no. 214 dated 9th September 2016 and accordingly, the Senior Accounts Officer, Directorate of Health Services, Sri Vijaya Puram issued a bill for GPF nonrefundable withdrawal of Rs. 10,00,000/- (Rupees Ten Lakhs) only, vide a Bill No. 2292 dated 12th September 2016.

Unfortunately, notwithstanding issuance of the aforesaid bill and despite the petitioner's GPF account being debited, the said amount was not credited to the petitioner's bank account. In the circumstances as aforesaid, the petitioner had submitted a series of representations dated 22nd August 2017, 18th October 2017 and 22nd November 2017 addressed to the Director of Health Services, regarding non-payment of GPF withdrawal. The petitioner would claim that in response to her aforesaid communications, she received a communication letter issued by the Chief Pay and Accounts Officer, Sri Vijaya Puram enclosing the annual statement of GPF account of the petitioner showing that the GPF nonrefundable withdrawal had been released by the Pay and Accounts Office, Sri Vijaya Puram.

In such circumstances, the petitioner submitted a representation dated 15th February 2018 to the Principal Secretary (Health) Andaman and Nicobar Administration, Secretariat with a request to credit the embezzled amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) to her bank account.

thereof, the petitioner was constrained to lodge a complaint on 19th February 2018 with the Station House Officer, Police Station Aberdeen with a request to take necessary action. Subsequently, the petitioner had filed a writ petition before this Hon'ble Court which was registered as W.P. No. 273 of 2018, inter alia, praying for a direction upon the respondents to credit the embezzled amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) with interest to the petitioner's bank account.

3.

Record would reveal that by an order dated 8th January 2019 a Coordinate Bench of this Court was, inter alia, pleased to dispose of this writ petition by directing the respondent authorities to take immediate effective steps and to ensure that the payment of the admitted dues of the petitioner, along with interest, if any, is made over to the petitioner within a period six months from date. Subsequent to passing of the aforesaid order, on 27th January 2020 by an order No. 283, the Director of Health Services had directed release of the aforesaid amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) in accordance with withdrawal sanction issued by the Ministry of Home Affairs vide a letter No.

U.15041/3/2018-ANL dated 16th June, 2019.

4.

The petitioner would however, complain that although, the petitioner had been disbursed the aforesaid amount of Rs. 10,00,000/- (Rupees Ten Lakhs) only, the petitioner has been denied the interest.

5.

Mr. Ananda Halder, learned Advocate representing the petitioner by drawing attention of this Court to the communication dated 11th February, 2019 addressed to the Under Secretary to the Government of India, Ministry of Home Affairs, North Block, New Delhi written by the Director of Health Services would submit that the Director of Health Services has already observed that in similarly circumstanced cases, the Hon'ble Court had directed payment of interest at the rate of 8 percent per annum on the amount due and payable, if the same are not paid within the due date as prescribed by the Court. He would submit that in this case the respondents did not disburse the amount within the due date as directed by the Court, and as such the respondents should be directed to make payment of interest at the rate of 8 percent per annum till disbursal.

6.

Mr.

Shatadru Chakraborty, learned Senior Advocate appears on behalf of the respondents. He submits that the respondents have no role to play in the embezzlement of money. Unfortunately, in the instant case the amount that was earmarked for withdrawal, was not disbursed in favour of the petitioner in the year 2016. Subsequently, in the year 2020 the entire amount of Rs. 10,00,000/- has already been disbursed. He would submit that when the petitioner received the amount the petitioner did not make any protest nor did the petitioner accept the amount without prejudice to her right to

receive interest. Having regard thereto, the petitioner's claim for interest cannot be sustained.

7.

I have heard the learned advocates appearing for the respective parties and have considered the materials on record. Admittedly, in this case it would transpire that the petitioner had applied for withdrawal of the nonrefundable GPF amount of Rs. 10,00,000/- (Rupees Ten Lakhs only). The same was also duly sanctioned in her favour vide order dated 9th September, 2016.

Notwithstanding the aforesaid, the said amount was ultimately not disbursed in her favour although, the same was shown to be debited from the GPF account of the petitioner.

8.

In the circumstances as aforesaid, the petitioner was made to run from pillar to post to seek release of her money. Ultimately, the petitioner was compelled to approach this Hon'ble Court whereupon by an order dated 8th January, 2019 passed in WP. No. 273 of 2018 a Coordinate Bench of this Hon'ble Court had directed the concerned respondents to take immediate steps and to ensure that payment of the admitted dues of the petitioner, along with interest, if any, is made over to the petitioner within a period six months from date. The said order has been accepted by the respondents.

9.

In fact, pursuant to the aforesaid order an amount of Rs. 10,00,000/- (Rupees Ten Lakhs only) has already been disbursed. Although, the respondents would submit

that the petitioner did not raise any objection while accepting the said amount, I am of the view that having regard to the direction issued by this Court on 8th January, 2019 and the petitioner having denied the opportunity to utilize the money since the year 2016 despite the same being debited from her account which was only disbursed in the year 2020 for no fault of the petitioner, the petitioner is entitled to interest on the said sum especially, when in ordinary course the petitioner by retaining the money in the GPF account would have been entitled to interest on the said sum. Having regard thereto, I am of the view that it would not be appropriate to deny the petitioner's right to receive the minimum interest on the GPF amount. It is also well settled that GPF entitlement cannot be held back. Delayed payment of GPF dues entitles the account holder to receive interest.

10.

In view thereof, I direct the concerned respondents to calculate interest at the rate 8 percent per annum on the aforesaid sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) from the date when the same was shown debited from the petitioner's GPF account till the date when the same was actually disbursed to her favour.

11.

It is expected that the aforesaid process of computing and disbursal of the interest shall be completed by the respondents within a period of three months from the date of communication of this order.

12.

With the above observations and directions, this writ petition WPA 505 of 2024 is disposed of. 13.

There shall be no order as to costs.

14.

Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities.

( Raja Basu Chowdhury, J. )