Kerala High Court
Samuel Mathew T vs Union Of India on 23 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:44713
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 23RD DAY OF JUNE 2025 / 2ND ASHADHA, 1947
WP(C) NO. 10691 OF 2025
PETITIONER:
SAMUEL MATHEW T.,
AGED 64 YEARS,
S/O T.M. SAMUEL,
10 DEVI GARDENS,
GURU NAGAR,
MANNANTHALA P.Ο,
TRIVANDRUM,
PIN - 695015
BY ADVS.
SRI.PAUL P. ABRAHAM
SRI.ANANDHA KRISHNAN R.
SRI.MANOJKUMAR C.M.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE,
DEPARTMENT OF ECONOMIC AFFAIRS,
NORTH BLOCK,
NEW DELHI,
PIN - 110001
2 CHIEF POSTMASTER GENERAL,
KERALA CIRCLE,
DEPARTMENT OF POSTS-INDIA,
THIRUVANANTHAPURAM,
KERALA,
PIN - 695001.
2025:KER:44713
W.P.(C) No.10691/2025
:2:
3 SENIOR SUPERINTENDENT OF POST OFFICES,
DEPARTMENT OF POSTS-INDIA,
THIRUVANANTHAPURAM,
NORTH DIVISION,
KERALA,
PIN - 695001.
BY ADV.
SRI.K.R.RAJKUMAR, SENIOR PANEL COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.06.2025, THE COURT ON 23.06.2025 DELIVERED
THE FOLLOWING:
2025:KER:44713
W.P.(C) No.10691/2025
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N. NAGARESH, J.
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W.P.(C) No.10691 of 2025
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Dated this the 23rd day of June, 2025
JUDGMENT
~~~~~~~~~ The petitioner along with his wife purchased two Kisan Vikas Patra Certificates on 02.05.2016. The Certificates are to mature on 02.07.2025. The petitioner and his wife intended to transfer the two Certificates in favour of his wife and his mother. The petitioner therefore submitted Ext.P2 application for transfer on 15.01.2024, to the 3rd respondent.
2. The petitioner was informed as per Ext.P3 that the transfer cannot be permitted under the prevailing Kisan Vikas Patra Scheme, 2019. The petitioner states that he had purchased the Kisan Vikas Patra when Kisan Vikas Patra Rules, 2014 were in force. The Kisan Vikas Patra Scheme, 2025:KER:44713 W.P.(C) No.10691/2025 :4: 2019 does not permit transfer of certificates issued under the Scheme to third parties. The refusal to allow the transfer on that ground is therefore arbitrary and unlawful, contends the petitioner.
3. The Notification rescinding the Kisan Vikas Patra Rules, 2014 explicitly provides that such rescission shall not affect any right, privilege, obligation or liability acquired or accrued under the previous Rules, contends the petitioner. The respondents have failed to consider the binding nature of the 2014 Rules at the time of the petitioner's investment. The respondents are therefore compellable to approve the transfer of Kisan Vikas Patra Certificates in favour of the petitioner's wife and mother, urged the counsel for the petitioner.
4. The Senior Panel Counsel resisted the writ petition. A statement has been filed on behalf of the respondents.
5. The 2019 KVP Rules were further amended in 2020 and the 2020 amendments govern the transfer request 2025:KER:44713 W.P.(C) No.10691/2025 :5: made after their enactment. In the case of the petitioner, the transfer request was made only on 15.01.2024 when 2019 KVP Rules came into effect. Under the 2019 Rules, all transfers are barred, except in death cases. The writ petition is therefore liable to be dismissed.
6. I have heard the learned counsel for the petitioner and the learned Senior Panel Counsel appearing for the respondents.
7. The petitioner and his wife jointly purchased two Kisan Vikas Patras on 02.05.2016. At the time of the purchase, the Kisan Vikas Patras were governed by Ext.P1 Kisan Vikas Patra Rules, 2014 framed in exercise of the powers conferred by Section 12 of the Government Savings Certificates Act, 1959. A perusal of Ext.P1 Rules would show that there is no express prohibition for transferring the Kisan Vikas Patras under Ext.P1 Rules. On the other hand, Rule 10 of the KVP Rules, 2014 enabled the holders of KVP to transfer the same from one person to another with the consent in writing of an 2025:KER:44713 W.P.(C) No.10691/2025 :6: officer of the Post Office or Bank as specified in the Table provided under Rule 10.
8. The Government of India framed Ext.P4 Kisan Vikas Patra Scheme, 2019 which was notified on 12.12.2019. Paragraph 7(2) of Ext.P4 Scheme gives a limited facility for transfer of the Kisan Vikas Patra account. The Scheme does not provide for transfer of Kisan Vikas Patra from one individual to another individual. The contention of the respondents is that in view of the KVP Scheme, 2019, the request for transfer of the two Kisan Vikas Patra Certificates made by the petitioner cannot be considered.
9. The petitioner had purchased the Kisan Vikas Patra along with his wife on 02.05.2016 when Ext.P1 Rules, 2014 were in force. The petitioner, under the Rules, 2014, could have transferred the Certificates with the consent of the designated officers as provided under Rule 10. Rule 10 gives a vested right to the petitioner to transfer Kisan Vikas Patras. The subsequent Scheme, 2019 framed as per Ext.P4 cannot 2025:KER:44713 W.P.(C) No.10691/2025 :7: take away the right of the petitioner to transfer the Kisan Vikas Patras, since a right vested in a citizen cannot be taken away retrospectively.
In the circumstances, the petitioner is entitled to succeed. The writ petition is allowed. The respondents are directed to approve the transfer of the Kisan Vikas Patra Certificates jointly held by the petitioner along with his wife in favour of the petitioner's wife and mother.
Sd/-
N. NAGARESH, JUDGE aks/19.06.2025 2025:KER:44713 W.P.(C) No.10691/2025 :8: APPENDIX OF WP(C) 10691/2025 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE KISAN VIKAS PATRA RULES, 2014 Exhibit P2 A TRUE COPY OF THE FORMAL APPLICATION FOR TRANSFER DATED 15.01.2024 Exhibit P3 A TRUE COPY OF THE COMMUNICATION DATED NIL Exhibit P3(a) A LEGIBLE TYPED COPY OF THE EXHIBIT P3 COMMUNICATION Exhibit P4 A TRUE COPY OF KISAN VIKAS PATRA SCHEME, 2019 Exhibit P5 A TRUE COPY OF RESCIND NOTIFICATION OF PREVIOUS NATIONAL SAVING SCHEME RULES (NOTIFIED VIDE GSR NO. 912 & 913(E)) DATED 12/12/2019 Exhibit P6 A TRUE COPY OF THE REPRESENTATION TO 2ND RESPONDENT DATED NIL.