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Aftab4u (PVT EMPLOYEE)     27 February 2010

Pension or Gratuity Attachable ?

Dear Experts,

 

Do gratuity and family pension is attachable for recovering the debts ?

 

Family pension is issued on the name of a mentally imbalance child as the person who was a govt emp father of the child  expired on duty and were having debts.

 

Now my question is do the banks having right to recover the amount from the family pension or from gratutity ?

 

Pls advice

 

Aftab

 



Learning

 15 Replies

Suri.Sravan Kumar (senior)     27 February 2010

banks have no right to recover the amount from the family pension or gratutity. Bank has to proceed legally by filing suit for recovery of the amount.

Suchitra. S (Advocate)     27 February 2010

No. Pension and gratuity cannot be atached for recovery of debts.

V. VASUDEVAN (LEGAL COUNSEL)     27 February 2010

It is correct that the pension and gratuity cannot be attached. Even the court will not issue any directions for attachment of pension or gratuity. But beware of risk - once the gratuity is received, the cash from the hands of the receiver can be attached, if the bank is too technical and has an attachment ready when the gratuity is received. Hence precaution needs to be taken to ensure independent bank accounts for the same.

vasudevan

Arvind Singh Chauhan (advocate)     27 February 2010

SC recently held-

Attachment of Fix deposit in bank made out of the pension and gratuity- Barred under Proviso of Sec 60(1) proviso (g) of C.P.C.- Gratuity payable, not liable to attachment for satisfaction of court decree- Retiral benefits, pension and gratuity, not lose their character, even after they received on retirement and continue to be covered by Proviso of Sec 60(1) proviso (g)- The fact that gratuity and pensionary benefits had been received in cash by beneficiary and converted in to Fix deposits- It could not be said that they could no longer be identified as such retiral benefits paid to him- SC-UAD-2009-232.

 

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     27 February 2010

Dear Arvind Sir,

Thanks very much for this useful citation. This is a crucial issue and banks use to take law into their own hands which now can be prevented.

vasudevan

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     27 February 2010

Thanks to Arvind for the CITATION

Adinath@Avinash Patil (advocate)     28 February 2010

ARVIND  VERY GOOD CITATION.

N.K.Assumi (Advocate)     28 February 2010

All said and done and nothing to add.

shrikant chede (law officer)     28 February 2010

Thanks to Arvind for the CITATION,

Sarvesh Kumar Sharma Advocate (Advocacy)     28 February 2010

very well said by mr. Arvind

gopinadh (advocate)     28 February 2010

Arvind gave good citation, but that citation cited in Air or SCC has not been clarified.

Kumar V (Product Manager)     03 March 2010

I have a query pertaining to same.... can a department(PUNJAB GOVT.) at the time of making payments(like gratuity/Ex-Gracia/PF and other payments) to the family of deceased can recover any outstanding payment pending against the deceased employee.... the dept. has marked a recovery mentioning that some wrong increments were imposed in salary of deceased since 1990 and so the recovery of same is pending.....

Aftab4u (PVT EMPLOYEE)     05 March 2010

Dear Arvind Sir & experts,

 

Pls respond.

 

Arvind gave good citation, but that citation cited in Air or SCC has not been clarified.

I have a query pertaining to same.... can a department(PUNJAB GOVT.) at the time of making payments(like gratuity/Ex-Gracia/PF and other payments) to the family of deceased can recover any outstanding payment pending against the deceased employee.... the dept. has marked a recovery mentioning that some wrong increments were imposed in salary of deceased since 1990 and so the recovery of same is pending.....


Aftab

 

Arvind Singh Chauhan (advocate)     05 March 2010

Please find the attachment and go through the para 24,25,26,.


Attached File : 0 0 attachment.pdf downloaded: 100 times
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