The principle of mandamus can be invoked to compel the performance of a public duty, as in the case of non-remittance of NDC certificates and interest by the respondents.

JUDGMENT :

Sharad Kumar Sharma, J.

The petitioner before this Court, is at a very ripe age of his life now, having attained almost 91 years of age. The petitioner is contesting a judicial war for pressing his personal rights for the return of NSC/NDC certificates, amounting to Rs. 300/- which he had submitted at the time of getting an appointment with the Forest Department, where he was inducted into the services on 1st October 1957, wherein he had pledged the aforesaid NDC certificates, as a security for the purposes of procuring his appointment.

2. With the passage of time, the petitioner had attained the age of superannuation having retired from his services on 31st March 1990.

3. The grievances of the petitioner as agitated in the present writ petition are that though despite having satisfactorily rendered his services, ever since his initial induction in 1957 and having attained the age of superannuation as back as in 1990, the NDC certificates, which he had pledged as a security for the purposes of his recruitment on 29th June 1964, had not been returned back to him along with the interest payable on it, hence the present writ petition.

4. When the writ petition was entertained, respondents were noticed; asking them to show-cause as to why the amount, which had been pledged by the petitioner way back in 1964, was not returned to him after his attainment of age of superannuation.

5. In order to fortify the aforesaid facts, with regard to the act and conduct of the respondents, this Court, by an order dated 5th September 2018, the part of which is extended hereunder, called upon the respondents as to why they have not complied the order dated 23rd August 2018 which was passed by the co-ordinate Bench of this Court, that the payment of the matured NDC certificates, why the same has not been remitted to the petitioner. The relevant part is extracted hereunder:-

“This Court, as a last opportunity and with a warning to the authority, if the order dated 23rd August, 2018 is not complied with in its strict sense and the passbooks are not produced before this Court after making the complete up-to-date entry along with interest computed on it w.e.f. 1964, the respondent No. 4 will appear in person on 10th September, 2018 before this Court.”

6. The officer appeared before the Court. He produced the requisite documents with regard to the NDC certificates i.e. deposits made by the petitioner on 29th February 1964, but, however, the passbook and the entries, which were made in it with regard to the interest, which had accrued on the said amount thus deposited, was not produced.

7. The matter was taken up today. Learned counsel for the respondent /Postal Department i.e. responded Nos. 5 and 6 herein, who are represented by Mrs. Monika Pant, learned Sanding Counsel, in order to justify the reasoning which contributed for non-refund of the NDC certificates, has made reference to the Rules called as “The Post Office Savings Certificates Rules, 1960”, which was notified by the Government of India, Ministry of Finance vide its Notification dated 25th June 1960, which was amended from time to time.

8. She submitted that in accordance with the Rules particularly that contained under Rule 24, any investor, who has been issued with an NDC certificate of investments, made with the Postal Department, he or she has to approach before the Postal Department for the purposes to receive the amount, which is matured to be paid on account of deposits, made by the investors and the interest accrued on it. She submitted that since this stipulations provided under Rule 24, was not complied with by the petitioner, no responsibility could be harnessed upon the respondent Nos. 5 and 6, for their inability, to pay the principal amount and the interest, which had accrued on it, as the petitioner has not approached before the respondents for the remittance of the principal amount. Rule 24 of the Rules of 1960 is extracted hereunder:-

“24. Discharge of Certificates. - (1) T