Pension account tranfer into saving account can be attached
veerander
(Querist) 23 July 2017
This query is : Resolved
i was declar3e as exparty in execution the court had attached my saving account inwhich my pension is crediting you are here with requested to let me know what action i have to take
Rajendra K Goyal
(Expert) 23 July 2017
Have you brought the fact on the court case file that this is your account in which pension is received?
However, it seems balance in your account has been attached and not the future credits (say pension) if specifically no such order is passed by the court..
Generally court attachment orders differ with Income tax attachment orders.
Please go through the orders once again.
M V Gupta
(Expert) 23 July 2017
Having remained ex parte in the execution proceedings, you do not have much ground to request the court to raise the attachment. Please note that pension account is not exempt from attachment. The court can direct the bank to deposit the amount in the account to satisfy the decree.
veerander
(Querist) 24 July 2017
can you give me any citation for its
Rajendra K Goyal
(Expert) 24 July 2017
Citation /Judgment / reference cases / ruling / decided cases not provided / supplied in this section.
You have not cared to provide the sought information.
veerander
(Querist) 24 July 2017
that plaintiff fied a case under order 37cpc which was decree in favour of plaitiff than the plaintif filed an execution in the court and the coust had issued notice which i have received but no appear and more than one year passed their after thwe court had attached my saving account in which i am drawing the pension and for that more than 3 month passed know the court had order to plaintiuff to disclose is account in which the said amount been credited to satifiaction of decree and the planitiff had disclose his account number to the court know let me know what to do to safre my pen sion and their is no exempt for attachment ofmpension and retirement benfit do give me citation where the pension cannot be attached.
M V Gupta
(Expert) 24 July 2017
please let me know if you are receiving pension from the Govt. If not the details of of your employer.
veerander
(Querist) 24 July 2017
i am geeting pension form the bharat sanchar nagar nigam limited i.e bsnl
M V Gupta
(Expert) 26 July 2017
BSNL pension is not Govt pension. Proviso to Section 60 of CPC lays down the properties which are exempt from attachment. Clause (g) to the proviso reads as under:
"Stipends and gratuities allowed to pensioners of the Govt or of a Local Authority
or any other employer or out of any service family pension fund notified in the official Gazette by the Central Govt or the State Govt in this behalf and political pension. " No doubt under this proviso the pension granted by BSNL should be exemopt from attachment.
But the following decisions hold that pension and other compulsory deposits are not liable to attachment until they are paid to the Govt servant. But as soon as it is paid to the pensioner it loses its immunity and becomes liable to attachment.
1. Union of India vs Jyoti Chit Fund -- AIR 1976. SC. 1163 at page 1166;
2. Hasoonmal Vs Diavomal. -- AIR 1942. Sind 19.
M V Gupta
(Expert) 26 July 2017
BSNL pension is not Govt pension. Proviso to Section 60 of CPC lays down the properties which are exempt from attachment. Clause (g) to the proviso reads as under:
"Stipends and gratuities allowed to pensioners of the Govt or of a Local Authority
or any other employer or out of any service family pension fund notified in the official Gazette by the Central Govt or the State Govt in this behalf and political pension. " No doubt under this proviso the pension granted by BSNL should be exemopt from attachment.
But the following decisions hold that pension and other compulsory deposits are not liable to attachment until they are paid to the Govt servant. But as soon as it is paid to the pensioner it loses its immunity and becomes liable to attachment.
1. Union of India vs Jyoti Chit Fund -- AIR 1976. SC. 1163 at page 1166;
2. Hasoonmal Vs Diavomal. -- AIR 1942. Sind 19.
