C.W.P. No.589 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.589 of 2009 Date of decision:20.07.2009. Allahabad Bank ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr. Vikram Tandon, Advocate, for the petitioner. Mr. Taravneer Vashisth, Addl. A.G., Haryana, for respondent Nos.1 and 2. Mr. Amit Kumar, Advocate, for respondent Nos.3 to 44. ***** JASBIR SINGH, J. (ORAL). The petitioner – bank has filed this writ petition, with a prayer that the official respondents be directed to deduct amount of installments, due toward personal loan, disbursed by it, to respondent Nos.3 to 44, from their salaries. When this writ petition came up for hearing on 30.03.2009, following order was passed by this Court: - “Adjourned to 07.05.2009. Meanwhile, respondents No.3 to 44, including legal heirs of those respondents, who have unfortunately expired, are directed to deposit the arrears of loan amount along with agreed rate of interest, i.e. without any penal or compound interest.” Counsel for the petitioner – bank states that, as per order C.W.P. No.589 of 2009 -2- referred to above, the bank has prepared a chart showing amount due from the private respondents, by adding interest at the rate of 14% per annum (simple). On 07.05.2009, General Manager, Haryana Roadways Depot, Gurgaon, and the Treasury Officer concerned were directed to deduct 25% of money from pension amount of respondent Nos.4, 6, 7, 29 and 35. It was further clarified that no recovery shall be effected from the family pension, if payable to dependents of the respondent Nos.36 and 37, who are reported to be dead. It was also ordered that monthly salary, in favour of respondent Nos.3, 5, 8 to 28, 30 to 34, 38 to 41, 43 and 44, shall not be released, till such time, each one of them clear the amount of installments, payable towards loan amount. On a request made, above said order was modified vide order dated 28.05.2009, by observing as under: - “After hearing Learned Counsel for the parties, the order dated May 07, 2009 is modified to the extent that henceforth 50% of the salary of respondents No.3, 5, 8 to 28, 30 to 34, 38 to 41, 43 and 44 shall be deducted by the General Manager, Haryana Roadways depot and the Treasury Officer concerned till all the due installments are paid to the petitioner Bank. The General Manager, Haryana Roadways depot concerned and the Treasury Officer concerned shall ensure that the deducted amount is deposited with the petitioner – Bank till the clearance of the defaulted installments. Thereafter, the General Manager concerned and the Treasury Officer shall keep on deducting the amount equivalent to the due installments and deposit the same with the petitioner – Bank. This C.W.P. No.589 of 2009 -3- arrangement shall continue till the entire loan is paid by the above given private respondents. The deductions from respondents No.4, 6, 7, 29 and 35 shall continue to be made in the same manner as directed vide order dated May 7, 2009. The petitioner – Bank shall furnish the complete details of the loan amount(s) recoverable from the private respondents to the General Manager, Haryana Roadways, depot concerned in advance.” General Manager and the Treasury Officer concerned were directed to deduct amount equivalent to due installments and deposit the same with the petitioner – bank. The arrangement was to continue till entire loan amount was repaid by the private respondents, as mentioned in that order. Counsel for the petitioner states that the petitioner shall again furnish details of the loan amount, due from respondent Nos.3 to 44, by adding interest at the rate of 14% per annum (simple). The petitioner shall do the needful, within a period of 15 days from today, against receipt. On receipt of information, official respondents are directed to comply with the order dated 28.05.2009 and deduct the amount from salaries etc. of the private respondents, till such time their loan is cleared. Disposed of. July 20, 2009. ( JASBIR SINGH ) vinod JUDGE