Smt. Kaushlya Kanwar vs Union Of India (2026:Rj-Jd:17439)
2026 Latest Caselaw 5854 Raj

Rajasthan High Court - Jodhpur

Smt. Kaushlya Kanwar vs Union Of India (2026:Rj-Jd:17439) on 15 April, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:17439]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 7339/2026
Smt. Kaushlya Kanwar W/o Shri Bhur Singh, Aged About 70
Years, Resident Of Garasani, Tehsil Bhopalgarh, District Jodhpur
Raj.
                                                                    ----Petitioner
                                    Versus
1.       Union Of India, Through Secretary, Postal Department,
         Ministry Of Communication, Government Of India, New
         Delhi.
2.       Director General, Department Of Posts, Dak Bhawan, New
         Delhi.
3.       Chief Postmaster General, Rajasthan Circle, Jaipur Raj.
4.       Head Postmaster, Head Post Office, Jodhpur Raj.
5.       Postmaster, Post Office Aasop, Tehsil Bhopalgarh, District
         Jodhpur Raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mahipal Singh
For Respondent(s)         :     Mr. Nimesh Suthar


        HON'BLE MR. JUSTICE KULDEEP MATHUR

Order 15/04/2026

By way of filing the present writ petition, the petitioner has

prayed for the following reliefs:-

"It is, therefore, most humbly and respectfully prayed that the writ petition of the petitioner may kindly be allowed and by an appropriate writ, order or direction, respondents may be directed to allow the petitioner for premature withdrawal of the amount deposited by the petitioner in FDR No. 020148956369 and FDR No. 02118957680 at Post Office Aasop or in the alternative the respondents may be directed to sanction loan mortgaging the F.D.R. of the petitioner by charging 1 or 2 percent additional rate of interest like the banks. Any other order which this Hon'ble Court considers just and proper may kindly be passed in favour of the petitioner."

2. Having heard learned counsel for the parties and upon perusal of

the material available on record, this Court finds that the petitioner had

invested her savings in Fixed Deposit Receipts (FDRs) at the Post Office,

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[2026:RJ-JD:17439] (2 of 2) [CW-7339/2026]

Asop, Tehsil Bhopalgarh, District Jodhpur. Owing to the ill health of her

husband and to meet his medical expenses, the petitioner sought

premature withdrawal of the amounts deposited in FDR Nos.

020148956369 and 02118957680. However, the request for premature

withdrawal was rejected on the ground that such withdrawal is

permissible only in the following circumstances:

(i) on the death of a holder in the case of joint holders;

(ii) on forfeiture by a pledgee being a Gazetted Government Officer;

(iii) when ordered by a court of law.

3. Upon consideration of the material on record and in view of the

fact that the petitioner has sought premature closure of the FDRs for

the treatment of her ailing husband, this Court finds no justification for

denying such request. Fixed deposits are generally made by individuals

with the expectation that the funds may be utilized in times of need or

to earn a higher return. Denial of premature withdrawal in a situation of

genuine financial exigency would defeat the very purpose for which

such deposits are made.

4. In view of the aforesaid, the present writ petition is allowed. The

respondent Postmaster, Post Office, Asop, Tehsil Bhopalgarh, is directed

to forthwith initiate proceedings for premature closure of FDR Nos.

020148956369 and 02118957680. However, since such premature

closure is being permitted by this Court, the petitioner shall be entitled

to interest on the deposited amount at the rate applicable to Post Office

Savings Accounts for the completed months.

5. The stay petition and all pending applications, if any, stand

disposed of.

(KULDEEP MATHUR),J 83-divya/-

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