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1999 Supreme(AP) 1053

Andhra Pradesh High Court
Judges : K.B.SIDDAPPA
Md.Sabeer All - Appellant
Versus
Vandana Chit Funds - Respondent
C.R.P.No.4222/99
Decided On : 11-17-99
Advocates Appeared :
Mr.Kowturi Vijaya Kumar, Mr.M. Rajamalla Reddy

Headnote:CIVIL PROCEDURE CODE,

       Sec60 - Attachment of salary and allowances - Exemption - Court passing attachment order of salary and allowances of employee of Singareni collieries which is not enumerated authorities u/S60 of CPC - Order justified

K. B. SIDDAPPA, J.

( 1 ) THE gross salary of the petitioner is rs. 4359-09 ps permonth. The attachment order speaks of attachment of one third of the salary after deducting the first Rs. 400/- from out of the salary including all allowances. That comes to Rs. 1318/- and odd. After deducting this amount towards instalments, the petitioner will be left with rs. 2600/-an dodd.

( 2 ) THE learned Counsel for the petitioner submitted that the petitioner is an employee of Singareni Collieries. Therefore, allowances cannot be attached as per Section 60 C. P. C.

( 3 ) THIS contention cannot be entertained in view of the Judgment of a Division Bench of this Court in N. Venugopala Rao vs. L. I. C. of India, South Central Zone, rep. by Zonal Manager, Hyd. In that case, the Bench was considering the case of an L. I. C. employee. The Bench held that the L. I. C. of India is not one of the organisations which come within the purview of Section 60 C. P. C. and therefore, the exemption of attachment with regard to the allowances is not applicable to an employee of L. I. C. of India.

( 4 ) IN the case on hand, the petitioner is an employee of Singareni Collieries. It may be true that it is a Government Company. But that is not one of the enumerated authorities under Section 60 of C. P. C. to claim exemption. In view of this the allowances can also be attached in the case of the petitioner herein. The impugned order does not suffer from any infirmity or illegality.

( 5 ) HENCE, the Civil Revision Petition is dismissed. No costs.

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