retirement gratuity

Querist :
Anonymous
(Querist) 10 July 2011
This query is : Resolved
sir, i m practicing advocate in delhi.
my client has taken some loans from co-operativ.societies and could not repaid and thereafter collector court has made order under rule 119 of co-op act to attach his salary p.m and also not to release his retirement benefits till loan has been clearred but as far as my knowledge goes from retirement benefits under c.c.s. rules only govt dues can be recovered and coop.dues are not mentioned as govt dues. now ma client is going to retire next month. can i move writ to highcourt as his deptt is going to deduct the amount from his commuted pension, gratuity and leave salary. plz guide me
Isaac Gabriel
(Expert) 10 July 2011
Dues to coop.society is the first charge from the retiral benefits,since such an undertaking is obtained at the time of sanction of loans through coop.society.