Release of retirement benefits

gaurav (Querist) 11 October 2011 This query is : Resolved
sir,
i m working with central govt.i have raised some loans amounting 2000000 from various cooperative societies and could nt repaid back and now asst.collector sent execution under cooperative rules to my office to not to release my retirement benefits unless n.o.c.is issued..now societies are demanding around 9lakh.inclusive of interest. my office has intimated me to clear the dues and produce noc otherwise they are not going to process my retirement case.m in need of help. m vng daughter whose marriage is about to due.out of my retirement benefits what they can deduct or can my office legally refused to process my case of retirement? what legal remedy i have so that my benefits are processed and released to me.can u suggest me some expert lawyers who deal in c.a.t.and cooperative societies.at new delhior tishazari.

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gaurav (Querist) 11 October 2011
sir the loan was around 2 lakh.

Guest (Expert) 11 October 2011
Dear Gaurav,

Processing of your retirement benefits cannot be delayed merely on Assistant Collector's order. Your PF money and Gratuity cannot be attached by court. The same would be payable to you only. The Assistant Collector of cooprative societies can only attach about 1/3 part of your pension or leave encashment part that too with specific order with specific amount (not by issuing any general order like withholding processing of retirement benefits). The attachment of pension can also not be for more than 24 months at a time in any case and cannot be attached again for the next 24 months.

ajay sethi (Expert) 11 October 2011
well advised by Mr dhingra . for local lawyer in delhi contact Mr Ramchandran from this site .

prabhakar singh (Expert) 11 October 2011
Mr dhingra has rightly spoken on the topic involved.

Sailesh Kumar Shah (Expert) 12 October 2011
I endorse the views of Shri P S Dhingra.

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