Attachment of salary of deceased employee
kavksatyanarayana
(Querist) 10 March 2013
This query is : Resolved
SIRS/MADAMS
HAPPY MAHA SIVARATRI
a class 3 employee in ap govt. died while in service. at the time of his death he had two wives. The married wife and 5 children(four female & one male)and second wife with a child filed applications separately for pensionary benefits and job. the position stands thus, the employer received a notice that attaching salary of the deceased employee from hon'ble senior civil judge court for a loan from private party.
The employer sought clarification regarding payment of pensionary benefits etc..
at this stage, the two wives approached Lok Adalat for pensionary benefits etc....
The hon'ble court ordered on mutual consent of parties, to provide job and 1/2(half)pension to the married wife., and 1/2(half) pension with gratuity in full to the 2nd wife. The court orders were received by the employer.
now whether the employer follow the orders of Lok Adalat or the pensionary benefits be submitted to the senior civil judge court.
the Government pleader opined that under sec.60 of cpc pensionary benefits shall not be attached except leave salary, arrear salary, earned leave salary.
under the above, please advise:
can the employer follow the orders of Lok adalat?.i.e. giving job +1/2 share pension to the married wife and gratuity+1/2 share pension to the 2nd wife.
Raj Kumar Makkad
(Expert) 11 March 2013
If the husband was party to the mutual consent agreement held before Lok adalat then he cannot challenge it and the judgment passed by Lok Adalat is final for all purposes and even it cannot be challenged before high court but if he was not a party to the that proceeding then the order of civil judge is required to be appealed before district judge in the light of the judgment passed in Lok Adalat due to which he is unable to execute it.
