W.P.No.22886 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P.No.22886 of 2018 and

M.P.No.26760 of 2018

K.Govindasamy

... Petitioner

Vs

1.The Managing Director,

Indian Overseas Bank,

Central Office,

No.762, Anna Salai,

Chennai – 600 002.

2.The General Manager,

Indian Overseas Bank,

Central Office, No.762, Anna Salai,

Chennai – 600 002.

3.The Chief Zonal Manager,

Indian Overseas Bank,

Zonal Office, 3^rd Floor, Door No.763,

Anna Salai, Chennai – 600 002.

4.The Branch Manager,

Indian Overseas Bank,

Saligramam Branch,

Chennai – 600 093.

... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India,

praying for issuance of a Writ of Mandamus, forbearing the respondents

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W.P.No.22886 of 2018

from recovery of educational loan amount from the monthly pension of

the petitioner towards the educational loan availed by him for his son's

higher education i.e. namely Bachelor of Engineering (Mechanical

Engineering) and thereby direct the respondents to return the so far

recovered amount since February 2018 to as on today from his Account

No.067601000028667 on the file of the 4^th respondent bank immediately.

For Petitioner

: Mr.R.Surya Prakash

For Respondents

: Mr.V.Kadhirvelu

ORDER

This petition has been for a mandamus to forbear the respondents

from recovering educational loan amount from the monthly pension of

the petitioner towards the educational loan availed by him for his son's

higher education i.e. namely Bachelor of Engineering (Mechanical

Engineering) and thereby direct the respondents to return the amount so

far recovered since February 2018 to as on the date of the writ petition

from his Account No.067601000028667 on the file of the 4^th

respondent/bank.

2.The facts on record indicates that the petitioner had taken a loan

from the respondent/Bank on the verge of his retirement for a sum of

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W.P.No.22886 of 2018

Rs.1,95,000/-. It was to be repaid within a period of three years.

However, the petitioner defaulted.

3.It appears that the 4^th respondent started to recover the amount

from the petitioner's monthly pension from February 2018, as the

petitioner neglected to repay the loan. It is the case of the petitioner that

the recovery is contrary to Section 11 of the Indian Pension Act, 1871

and Section 60(1)(g) of the Civil Procedure Code.

4.The facts on record also indicates that an interim order dated

26.09.2018 granted by this Court. Pursuant to the said order the amount

that was recovered from the petitioner's pension account was re-credited

back to the petitioner account. The recovery of the amount from the

pension payable to the petitioner is contrary to Section 60(1)(g) of the

Civil Procedure Code. Section 60(1)(g) of the Civil Procedure Code

which reads as under:-

“60.Property liable to attachment and sale

in execution of decree.

(1)The following property is liable to

attachment and sale in money, bank-notes,

cheques, bills of exchange, hundis, promissory

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W.P.No.22886 of 2018

notes, Government securities bonds or other

securities for money, debts, shares in a

corporation and, save as hereinafter mentioned,

all other saleable property, movable or

immovable, belonging to the judgment-debtor, or

over which, or the profits of which, he has a

disposing power which he may exercise for his

own benefit, whether the same be held in the

name of the judgment-debtor or by another

person in trust for him or on his behalf.

Provided that the following particulars

shall not be liable to such attachment or sale,

namely:-

(a).....

(b)....

(c)....

(d)...

(e)....

(f)....

(g).Stipends and gratuities allowed to

pensioners of the Governm