Retirement benefits, specifically gratuity and pension, are exempt from attachment under CPC Section 60(1)(g) and the Payment of Gratuity Act Section 4(6).

J U D G M E N T

Amit Rawal, J.

In an O.P. preferred by the respondent/wife for realization of an amount of ₹6,21,42,056/- (Rupees six crore twentyone lakhs forty two thousand and fifty six only) from the petitioner/husband, I.A No.1/2020 has been filed by the wife for seeking attachment of the schedule amount, that is, the retirement benefits of the husband- petitioner herein, and I.A.No.3/2020 by the husband for setting aside the order passed in I.A.No.1/2020 whereby conditional attachment order was passed. Present petition by the husband is against the common order dated 19/02/2021 in O.P.No.953/2020, whereby I.A.No.1/2020 has been allowed and I.A.No.3/2020 to the extent of withdrawing amount for the sustenance of the petitioner/husband.

2. It was alleged that petitioner/respondent had retired as an Assistant Executive Engineer in KSEB on 31/05/2020 and is entitled to get retirement benefit of ₹40,00,000/- as provident fund, ₹20,00,000/- as gratuity, ₹26,00,000/- towards the commuted value of pension and ₹17,00,000/- as leave surrender, totalling to ₹1,03,00,000/- (Rupees one crore and three lakhs only). Owing to the pendency of the aforementioned petition, petitioner/husband – respondent before the trial court was attempting to remove the said amount from the jurisdiction of the court and therefore leave of the court was sought by the wife for attachment. Husband/petitioner contested the aforementioned application and stated that the respondent/wife was leading a wayward life under the influence of one Viswavalsalan, her maternal uncle, who is keeping the petitioner away form the matrimonial relationship of the parties. Even the wife had also filed M.C.No.52/2019 by invoking the provisions of Protection of Women from Domestic Violence Act, 2005. Trial Court on the basis of the pleadings and noticing the provisions of Section 60 (1) of C.P.C., exempted the attachment of pension but passed the attachment order on the retirement benefits and later the conditional order was also made absolute.

2. Learned counsel appearing on behalf of the petitioner submitted that the order is not sustainable in the eyes of law for, it is not only vague but cryptic and passed without adverting to the arguments made on behalf of the petitioner/husband. Court while passing the order did not notice the contention of influence of maternal uncle. The order is violative of provisions of 60(1)g of the C.P.C. and Rule 124 of the Kerala Service Rules Part-III. Wife at the best could have sought the damages but attachment order could not have been passed. Gratuity is the statutory right which cannot be withheld under any circumstances other than under those guidelines enumerated in Section 4 (6) of the payment of the Gratuity Act. 3. This Court while considering the aforementioned arguments, on 23/04/2021 issued the notice to the respondents . As per the office report, steps have not been taken to serve the respondent no.1.

4. We have heard the learned counsel for the petitioner and appraised the paper book. It is a very sad state of affairs that husband and wife at the fag end of their life are at loggerheads and contesting the matter claiming damages as per the claim set up in O.P. aforementioned. Be that as it may. We are in agreement with the argument of the learned counsel representing the petitioner that Section 60 (1) g exempts the attachment of the stipends and gratuities and there is no situation falling under the guidelines enumerated under section 4(6) of the Payment of Gratuity Act . Thus the order under challenge exempting the pension from attachment is liable to be modified for, the gratuity is also to be exempted from attachment. Accordingly the impugned order is modified. There shall be attachment to the retirement benefits, except of the gratuity and pension.

Petition, with the aforementioned observation, stands disposed off. Sd/- AMIT RAWAL JUDGE Sd/- C.S.SUDHA JUDGE Jms APPENDIX OF OP (FC) 287/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE C