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NYAPATHY VIJAY
Yanamala Koteswara Rao – Appellant
Versus
Gonu Malleswara Reddy – Respondent
JUDGMENT :
The present civil revision petition is filed against the order dated 09.04.2018 in E.P.No.4 of 2017 in O.S.No.1023 of 2012 passed by the VI Additional Senior Civil Judge, Vijayawada.
2. The petitioner is defendant No.5. Respondent No.1 is the plaintiff and a suit O.S.No.1023 of 2012 was filed for recovery of money against the petitioner and others and the suit was decreed on 30.06.2016.
3. For realization of the amount under the decree, Respondent No.1 filed E.P.No.4 of 2017 and sought for attachment of retirement benefits of the petitioner, who worked as Khalasi in South Central Railways. The said application was opposed by the petitioner on the ground that retirement benefits cannot be attached under section 60 (g) of C.P.C.
4. The Executing Court vide order dated 09.04.2018 directed attachment of the amount of the petitioner lying in Syndicate Bank, Samarangam Chowk, I Town, Vijayawada under the heads of leave encashment, arrears of salary and pension commutation at a tune of Rs.7,27,044/-. Hence, the present revision.
5. Heard Sri Anil Kumar Devalraju, learned counsel for the petitioner and Sri T.Guru Vara Prasad, learned counsel for the respondents.
Retirement benefits, including commuted pension, are protected from attachment under Section 60(g) of C.P.C., while earned leave encashment is not.
Retiral benefits are protected from attachment under Section 60(1) CPC, as clarified by the Supreme Court.
Pension accounts are protected from attachment under relevant statutes.
Maintenance – Right of a wife or a minor child to maintenance supersedes employee’s right to claim exemption under Section 60(1)(g) CPC.
Gratuity payable to a deceased employee is attachable as part of the estate, provided it was not received by the employee before death, distinguishing it from cases of received gratuity.
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