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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Apurba Manik – Appellant
Versus
Tamluk Ghatal Central Co-operative Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner disputes attachment of pension account. (Para 1 , 2 , 5 , 6) |
| 2. respondents outline procedural defenses and alternative remedies. (Para 7 , 8) |
| 3. court discusses jurisdiction and discretion in hearing the writ. (Para 9 , 10) |
| 4. pension is protected from attachment under law. (Para 15 , 16) |
| 5. court allows partial release of pension subject to verification. (Para 22 , 23) |
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 sa
Pension accounts are protected from attachment under relevant statutes.
Pension funds are statutorily protected from attachment for debt recovery, and unauthorized deductions violate the right to livelihood under Article 21.
Retirement benefits, including commuted pension, are protected from attachment under Section 60(g) of C.P.C., while earned leave encashment is not.
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