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Vikram Kumar Saathiri (Government Servant)     19 May 2019

Surety issue

Sir/Madam,

it is informed that I along with two other Government Employyees, belonging to different departments, have stood as surety to a person who has defaulted an amount of Rs. 4,58,000/-. and the Hon'ble Court have Ordered for recovery of entire amount from our salaries and accordingly the DDO's are deducting the amounts as shown below.

1) From me Rs. 19,800/-

2) From Guarantor No. 2 Rs. 10,400/-

3) From Guarantor No. 3 Rs. 3,000/-

Here, I would like to know whether the default amount has to be paid equally by all three of us or not. if so, I have already paid the 1/3rd of the amount defaulted and the my DDO is still deducting the said amount from my salary.

Further, I would to like to know whether the amount has to be deducted from my salary after taking my other financial obligations, as I am paying EMIs to the tune of Rs. 42,000/-.  The DDO is deducting 1/3rd of the amount from my net salary and is not considering my other financial obligations.

Please advise.

 

Thanking you

Vikram Kumar Saathiri



Learning

 5 Replies

Shashi Dhara   19 May 2019

Any interest and cost is also included or not.

Shashi Dhara   19 May 2019

If it is Rs458000 every month it is deducted from all 3salary it is19800+10400+3000 in total33200 i.e458000/33200is13.79. Months Ur l default Will become clear within one year one month24days.

Vikram Kumar Saathiri (Government Servant)     21 May 2019

Thank you for the reply, Sir.  What I mean to say is that, the DDO has already deducted 1/3rd of the default amount from my salary. Since we three people have stood as surety, the default amount has to be distributed equally among three of us or not. 

Sudhir Kumar, Advocate (Advocate)     10 September 2019

First of all the DDO is bound to taken into consideration the mandatory dedcutions (6% of basicf as GPF + GIS + CGHS) from salary and only then work out the salary from where 1/3 can be deducted.  All EMI loan instalement, insurance premium etc deducted froms salary are to be ignored.

Sudhir Kumar, Advocate (Advocate)     10 September 2019

Now one has to see court judgement as to how much recovery has been ordered and how much you can pay.

 

The DDO while deducting loan from salary of "X" cannot be guided by the paying capacity of "Y".  You neveer told if the salary of all three guarantors is the same.


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