The single-judge bench of the Andhra Pradesh High Court held that under Section 60(1) (g) of C.P.C., stipends and gratuities allowed to pensioners of the Government are not liable to attachment. Earned leave encashment is not a stipend or gratuity so as to fall under Section 60 (1) (g) of C.P.C.
Brief facts
The factual matrix of the case is that for the realization of the amount under the decree, Respondent No. 1 sought the attachment of the retirement benefits of the petitioner. Then, the executing court directed the attachment of the amount of the petitioner lying in the bank under the heads of leave encashment, arrears of salary, and pension commutation at a tune of Rs.7,27,044/-. Hence, the present revision is filed.
Contentions of the Petitioner
The Petitioner contended that the amount of retirement benefits can’t be attached and commutation pension, as well as leave encashment, cannot be attached in accordance with section 60 (g) C.P.C.
The Petitioner relied upon the judgment titled T.Sakuntala v. B.Satya Murthy and others.
Observations of the court
The Hon’ble Court observed that Under Section 60(1) (g) of C.P.C., stipends and gratuities allowed to pensioners of the Government are not liable to attachment. Earned leave encashment is not a stipend or gratuity so as to fall under Section 60 (1) (g) of C.P.C.
The court noted that the argument that the earned leave encashment cannot be attached, is wholly unsustainable in law.
Based on these considerations, the court modified the impugned order by restricting attachment only to the extent of the amount under the head “leave encashment” and the attachment of amounts under the heads of “commuted pension” is set aside.
The decision of the court
With the above direction, the court partly allowed the Civil Revision Petition.
Case Title: Yanamala Koteswara Rao V. Gonu Malleswara Reddy And Others and Others
Coram: Hon’ble Mr. Justice Nyapathy Vijay
Case No.: CIVIL REVISION PETITION NO: 4498/2018
Advocate for the Petitioner: .DEVALARAJU ANIL KUMAR
Advocate for the Respondent: GURU VARA PRASAD TALAR
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