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5.While in service, the petitioner's husband availed House Building Advance (HBA) for the construction of a house in S.F.No.41/1A (Plot Nos.A12, A13, A27 and A26 part), Bharani Nagar, A Zone, Pilaiyamatham Village, Athoor Taluk, Dindigul District. On the basis of the application of the House Building Advance loan received from late.M.Nainar Mohammed, that is, the petitioner's husband by the proceedings of the Collector of Dindigul District, dated 17.08.2020, https://www.mhc.tn.gov.in/judis House Building Advance of a sum of Rs.25,00,000/- was sanctioned in favour of the petitioner's husband. The petitioner's husband was also requested to ensure that the said property covered by this advance was insured within three months from the date of completion and duly renew the same every year, till the principal amount together with interest is repaid in full and thereafter the first instalment of Rs.12,50,000/- was also disbursed to him on 05.11.2020. The aforesaid HBA advance house loan scheme could be availed only by those Government servants with 5 years of service prior to their retirement at the time of enrolling under the scheme and the salient features of the same are extracted as follows:-

“9.The above HBA advance will be recovered from 1 to 125 monthly instalments of Rs. 20,000/- per month commencing from the month following the month of occupation or completion of 18 months from the date of drawal of first instalment, whichever is earlier and the interest amount will be recovered from the month subsequent to the month of last recovery of advance recovered and balance amount of any pending recovery should be recovered from DCRG amount/payable/retirement benefit at the time of retirement ie., 30.09.2036 as per HBA Rules.

This scheme shall be applicable only to those who have 5 years of service prior to their retirement at the time of enrolments under the scheme. The Drawing Officer is requested to recover a monthly subscription of 1% HBA, F.B.F of the monthly instalment ie., Rs.200/- separately from the salary of the individual from the month following the month in which the first instalments of the advance have been disbursed. The monthly recovery of House Building Advance shall commence as stated in para 9 of this order.”

6.But it was too unfortunate that within 7 days of receipt of the first instalment of HBA advance, the petitioner's husband succumbed to cardiac arrest and passed away on 14.11.2020. Due to https://www.mhc.tn.gov.in/judis the sudden demise of the petitioner's husband, the salary for the month of November, 2020 was not disbursed to the petitioner. That apart, the mandates of the House Building Advance loan scheme required the respondents to deduct 1% of the monthly subscription amount towards repayment of the House Building Advance both principal and interest for the purpose of getting benefits under the Tamil Nadu Government employees House Building Advance special family benefit fund scheme. However, the said exercise was not done by the respondents. Under such circumstances, on 27.04.2021, the fifth respondent vide proceedings passed the impugned order directing the petitioner to pay an amount of Rs.12,50,000/- with interest towards first instalment of the HBA disbursed to the petitioner's husband on 05.11.2020, failing which the same would be deducted from the terminal benefits of the petitioner's husband. Challenging the same, this Writ Petition came to be filed.