Madras High Court
K.Govindasamy vs The Managing Director on 13 October, 2022
W.P.No.22886 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.22886 of 2018 and
M.P.No.26760 of 2018
K.Govindasamy ... Petitioner
Vs
1.The Managing Director,
Indian Overseas Bank,
Central Office,
No.762, Anna Salai,
Chennai – 600 002.
2.The General Manager,
Indian Overseas Bank,
Central Office, No.762, Anna Salai,
Chennai – 600 002.
3.The Chief Zonal Manager,
Indian Overseas Bank,
Zonal Office, 3rd Floor, Door No.763,
Anna Salai, Chennai – 600 002.
4.The Branch Manager,
Indian Overseas Bank,
Saligramam Branch,
Chennai – 600 093. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, forbearing the respondents
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W.P.No.22886 of 2018
from recovery of educational loan amount from the monthly pension of
the petitioner towards the educational loan availed by him for his son's
higher education i.e. namely Bachelor of Engineering (Mechanical
Engineering) and thereby direct the respondents to return the so far
recovered amount since February 2018 to as on today from his Account
No.067601000028667 on the file of the 4th respondent bank immediately.
For Petitioner : Mr.R.Surya Prakash
For Respondents : Mr.V.Kadhirvelu
ORDER
This petition has been for a mandamus to forbear the respondents
from recovering educational loan amount from the monthly pension of
the petitioner towards the educational loan availed by him for his son's
higher education i.e. namely Bachelor of Engineering (Mechanical
Engineering) and thereby direct the respondents to return the amount so
far recovered since February 2018 to as on the date of the writ petition
from his Account No.067601000028667 on the file of the 4th
respondent/bank.
2.The facts on record indicates that the petitioner had taken a loan
from the respondent/Bank on the verge of his retirement for a sum of
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W.P.No.22886 of 2018
Rs.1,95,000/-. It was to be repaid within a period of three years.
However, the petitioner defaulted.
3.It appears that the 4th respondent started to recover the amount
from the petitioner's monthly pension from February 2018, as the
petitioner neglected to repay the loan. It is the case of the petitioner that
the recovery is contrary to Section 11 of the Indian Pension Act, 1871
and Section 60(1)(g) of the Civil Procedure Code.
4.The facts on record also indicates that an interim order dated
26.09.2018 granted by this Court. Pursuant to the said order the amount
that was recovered from the petitioner's pension account was re-credited
back to the petitioner account. The recovery of the amount from the
pension payable to the petitioner is contrary to Section 60(1)(g) of the
Civil Procedure Code. Section 60(1)(g) of the Civil Procedure Code
which reads as under:-
“60.Property liable to attachment and sale
in execution of decree.
(1)The following property is liable to
attachment and sale in money, bank-notes,
cheques, bills of exchange, hundis, promissory
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W.P.No.22886 of 2018
notes, Government securities bonds or other
securities for money, debts, shares in a
corporation and, save as hereinafter mentioned,
all other saleable property, movable or
immovable, belonging to the judgment-debtor, or
over which, or the profits of which, he has a
disposing power which he may exercise for his
own benefit, whether the same be held in the
name of the judgment-debtor or by another
person in trust for him or on his behalf.
Provided that the following particulars
shall not be liable to such attachment or sale,
namely:-
(a).....
(b)....
(c)....
(d)...
(e)....
(f)....
(g).Stipends and gratuities allowed to
pensioners of the Government or of a local
authority or of any other employer, or payable
out of any service family pension fund notified in
the Official Gazette by the Central Government
or the State Government in this behalf, and
political pension.”
5.Thus, the pension of the petitioner cannot be truncated.
Therefore, the petitioner is entitled for the relief as prayed for in this writ
petition. However, it is left open to the respondent/bank to recover the
amount from any other assets of the petitioner including immovable
property which may stand in the name of the petitioner.
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W.P.No.22886 of 2018
6.This writ petition stands allowed with the above observations.
No costs. Consequently, connected miscellaneous petition is closed.
13.10.2022
Index : Yes/No
Speaking/Non-Speaking Order
jas
To
1.The Managing Director,
Indian Overseas Bank,
Central Office, No.762, Anna Salai,
Chennai – 600 002.
2.The General Manager,
Indian Overseas Bank,
Central Office, No.762, Anna Salai,
Chennai – 600 002.
3.The Chief Zonal Manager,
Indian Overseas Bank,
Zonal Office, 3rd Floor, Door No.763,
Anna Salai, Chennai – 600 002.
4.The Branch Manager,
Indian Overseas Bank,
Saligramam Branch,
Chennai – 600 093.
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W.P.No.22886 of 2018
C.SARAVANAN, J.
jas
W.P.No.22886 of 2018 and
M.P.No.26760 of 2018
13.10.2022
https://www.mhc.tn.gov.in/judis
