Pension accounts are protected from attachment under relevant statutes.

JUDGMENT :

Om Narayan Rai, J. 

1. The petitioner is aggrieved by the Warrant of Attachment of Movable Property, dated July 4, 2024 issued by the respondent no. 2 in Certificate Case No. 19 of 2018-2019.

2. Mr. Misra, learned Advocate appearing for the petitioner submits that the petitioner was the headmaster of Nabin Simulia Primary School. He retired from services on July 30, 2018 and upon retirement, the petitioner has been receiving pension in respect of his said services. It is further submitted that the petitioner fell into dire financial straits and as such he had to avail of financial assistance to the tune of Rs.5,00,000/- from Tamluk Ghatal Central Co-operative Bank Ltd. (hereafter “the said Co-operative Bank”). The petitioner paid the equated monthly installments in respect of the said loan (hereafter “EMI”) till April 11, 2015 but thereafter he could not pay the same for some time as he was financially distressed.

3. The petitioner claims that upon being pressurized by the Manager of the said Co-operative Bank, the petitioner paid a sum of Rs.1,04,247/- towards the defaulted EMIs to the said Manager of the said Co-operative Bank upon borrowing money from his friends and relatives but the petitioner was not issued any receipt in acknowledgement of such payment.

4. It has been alleged that the petitioner was asked by the said Bank Manager to come on any working day to collect the receipt for the aforesaid payment but despite several attempts, the petitioner failed to get the same. It has been further alleged that the petitioner lastly went to the said Co-operative Bank on February 08, 2016 and paid an installment of Rs.12,000/- in respect of the said loan but even on that day the said Bank Manager did not issue any acknowledgement receipt to the petitioner and therefore the petitioner stopped paying the EMIs. The petitioner further submits that he was neither served with any notice of demanding repayment of the balance amount of loan nor any notice of any proceeding for recovery of any sum due from him in respect of the said loan.

5. It has been submitted on behalf of the petitioner that the petitioner was shocked to receive the impugned “Warrant or (sic of) Attachment of Movable Property” dated July 4, 2024 issued by the Certificate Officer and Assistant Registrar of Co-operative Societies Paschim Medinipur whereby the petitioner’s Bank Account bearing No. 0188010632157 with the Punjab National Bank, Daspur Branch was attached and put on hold.

6. The petitioner submits that such attachment of the petitioner’s account has led to a situation of penury for the petitioner inasmuch as the said account is the pension account of the petitioner where the petitioner has been receiving pension in respect of his services in the said school. The petitioner prays for setting aside the impugned warrant of attachment of the petitioner’s account. The petitioner has also made a prayer that the Respondent No.3 may be directed to release 50% of the pension amount in favour of the petitioner till the “entire actual dues are” liquidated.

7. Mr. Chakraborty, learned advocate appearing for the respondent no. 1 disputes the submissions made on behalf of the petitioner and submits that as the petitioner failed to appear and contest the proceedings for recovery of loan initiated against him under Section 139 of the West Bengal Co-operative Societies Act, 2006 despite service of summons therefore an award was passed against him ex parte. It is submitted that the petitioner’s case that he was not served with any notice of the recovery proceedings, does not hold