Pension
santhosh
(Querist) 17 February 2014
This query is : Resolved
Is any recovery can be done in pension. (after retirement of employee).
Devajyoti Barman
(Expert) 17 February 2014
I believe you wish to know whether pension can be claimed for which is due to the employee.
If yes then Writ application can be filed in high court for its early disbursal.
Rajendra K Goyal
(Expert) 17 February 2014
Yes, but minimum amount necessary for living has to be paid each month and full pension can not be recovered.
Kumar Doab
(Expert) 18 February 2014
>>> It is felt that Pension Can not be attatched.
>>> The affected person should approach a competent and experienced labor consultant/service lawyer in person with all records and spend quality time with his lawyer.
The lawyer may opine on the remedy after examination of the facts and merits ……………………………….
The query is a one liner and the lawyer would require finer details of the matter.
Is the affected pensioner a judgment debtor?
You may find another thread relevant at:
http://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp#.UqC5qdIW1MA
Discussion > Labour & Service Law > Gratuity > P.f & gratuity
>> Code of Civil Procedure, 1908
60. Property liable to attachment and sale in execution of decree.- (1)
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(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;
{{ http://www.lawzonline.com/bareacts/civil-procedure-code/section60-code-of-civil-procedure.htm}}
>> THE PENSIONS ACT, 1871 (Act No. 23 of 1871)
http://persmin.nic.in/pension/pact1871.htm
11. Exemption of pension from attachment.— No Pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a Decree or Order of any such Court.
>> Supreme Court of India
Radhey Shyam Gupta vs Punjab National Bank & Anr. on 4 November, 2008
http://indiankanoon.org/doc/1790038/?type=print
“………..amounts paid towards gratuity and pension could not be attached in view of the provisions of proviso (g) of Section 60(1) of the Code of Civil Procedure”
15…………….“the appellant's Fixed Deposits which represented his retiral benefits could not be attached or sold to satisfy the decree obtained by the Decree Holder Bank. She urged that even after the retiral benefits obtained by the appellant had been converted into Fixed Deposits it did not lose its essential character of comprising the retiral benefits of the appellant, and could not, therefore, be attached in view of proviso (g) to Section 60 (1) of the Code.’
25……………….” We also agree ……….. that even after the retiral benefits, such as pension and gratuity, had been received by the appellant, they did not lose their character and continued to be 22
covered by proviso (g) to Section 60(1) of the Code.”
>> Supreme Court of India
Union Of India vs Jyoti Chit Fund & Finance & Ors
http://www.indiankanoon.org/doc/1067796/?type=print
(1) Is it permissible in law for amounts representing provident fund contributions and pensionary benefits to be attached, having due regard to ss. 3 and 4 of the Provident Funds Act, s. 11 of the Pensions Act and s. 60(1), provisos (g) and (k) of C.P.C.?
On first principles and on precedent, we are clear in our minds that these sums, if they are of the character set up by the Union of India, are beyond the reach of the court's power to attach. Section 2 (a) of the Provident Funds Act has also to be read in this connection to remove possible doubts because this definitional clause is of wide amplitude. Moreover, s-60(1), provides (g) and (k), leave no doubt on the point of non- attachability. The matter is so plain that discussion is uncalled for.
