IT is well settled legal principle that pension and gratuity amount should not be attached under the provisions of Civil Procedure Code

 It is well settled that attachment of pension amount cannot be

made for realization of any outstanding.  In this aspect, the above decision

of the Apex Court relied on by the learned Counsel appearing for the

petitioner can be usefully quoted, wherein, in paragraph No.33, the Supreme

Court has observed that the pension and gratuity amount should not attached

under the provision of the Code of Civil Procedure. Paragraph No.33 reads as

follows:-

        33. However, we are also of the view that having regard to proviso (g)

to Section 60(1) of the Code, the High Court committed a jurisdictional error

in directing that a portion of the decretal amount be satisfied from the

fixed deposit receipts of the appellant held by the Bank. The High Court also

erred in placing the onus on the appellant to produce the Matador in question

for being auctioned for recovery of the decretal dues. In other words, the

High Court erred in altering the decree of the trial Court in it revisional

jurisdiction, particularly, when the pension and gratuity of the appellant,

which had been converted into fixed deposits, could not be attached under the

provisions of the Code of Civil Procedure. The decision in Jyothi Chit Fund

case has been considerably watered down by later decision which have been 

indicated in para 22 hereinbefore and it has been held that gratuity payable

would not be liable to attachment for satisfaction of a court decree in view

of proviso (g) to Section 60(1) of the Code.?

                7.      Therefore, if there is any outstanding due payable by the

petitioner, it is for the respondents bank to work out their remedy to

recover the said amount, in the manner known to and permissible by law,

before the appropriate forum.  Without doing so, resorting to attach the

pension amount by way of passing the impugned order is impermissible. 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED : 27.11.2015  

CORAM   

 MR.JUSTICE K.RAVICHANDRABAABU               

W.P.(MD)No.17838 of 2015   

and 

M.P.(MD).No.1 of 2015 

A.Muthuiruvakkal    Vs.The State Bank of India,