Postmaster, Dargamitta H.P.O., ... vs Raja Prameeelamma (Ms) on 1 May, 1995
11. The authorised representative for the appellants/opposite parties much relied on the decision rendered by the Supreme Court in Postmaster, Dargamitta, H.P.O, Nellore Vs.Raja Prameelamma (Ms) (Supra). The facts of the aforesaid reported case are entirely different from the facts in the present case. In the said case the rate of interest was mistakenly noted by the concerned staff of the post office. In such a circumstance it was held that the mistake committed by the Government staff cannot be taken as a ground to bind the Government of India. It is also to be noted that in that case the rate of interest on National Savings Certificate was fixed by the Government notification; but due to an inadvertent omission on the part of the clerical staff the rate of interest was shown at a higher rate. In such a situation it was held that the contract which was contrary to the provisions of the notification made by the Government of India can be treated as unlawful and void and such an inadvertent omission or mistake cannot be treated as deficiency of service. But in the present case on hand both the contracting parties committed mistake and thereby there was composite negligence on the part of the contracting parties. So, in the event of recession of the contract as the contract being unlawful and void one party to the contract cannot be allowed to take advantage of the negligence on their own part. In such a situation both the contracting parties are to be made liable and answerable for the loss suffered by each of the parties to the contract. Therefore, the impugned order passed by the Forum below directing the opposite parties to pay compensation of Rs.20,000/- to the complainant is to be upheld. The Forum below has also given the liberty to the opposite parties to realize the loss to the Government by proceeding against the erring staff who were working under the 2nd opposite party/the Postmaster, Head Post Office, Kollam. But in this case, the opposite parties 1 and 2 or their master, the Government of India, Ministry of Finance have not suffered any pecuniary loss. It is to be noted that otherwise the opposite parties were liable to pay interest at the rate of 9% on the said amount of Rs.5.lakhs which was invested by the complainant under the Senior Citizens Savings Scheme. The interest would come to Rs.45,000/-. Instead of that the opposite parties are made liable to pay only Rs.20,000/-. Thus in all respects, the impugned order passed by the Forum below is to be confirmed.