attachment benefits of jdr
BAKBABU
(Querist) 04 June 2014
This query is : Resolved
Dhr is to be file an ep against jdr and jdr is employee in postal department. Which benefits are to be attach under sec 60 CPC. The jdr supernuation is July 31,2014. Pl. give advise in brief .
R.K Nanda
(Expert) 04 June 2014
state full facts.
BAKBABU
(Querist) 04 June 2014
Plf. Obtained decree against defendant. And filed E.P. for attachment of his retirement benefits. jdr called set exparte. Jdr is employee in postal department. Court ordered to garnishee to attach the decree amount. Garnishee sent a letter to court by saying that leave encash benefits only Rs 70000/-. Then court ordered to garnishee to attach decree amount and then court will decided either its amount subjectto section 60 of CPC.or not..then what amounts are come under for attachment...jdr retirement date is 31-7-14. Court adjourned the mater to 4-8-14. Now what benefits are attached under this circumstances. I.e. pf or gratuity or leave encashment so etc.....
Rajendra K Goyal
(Expert) 04 June 2014
Presently the amount has to be attached as ordered by the court.
Sankaranarayanan
(Expert) 04 June 2014
yes the amount awarded by court has to be attached as answered by sri goyal
Raj Kumar Makkad
(Expert) 04 June 2014
As per order of the court, all payments which are due against the department, are to be attached by garnishee and further court shall recover the amount of decree out of those heads and the balance amount shall be remitted to the judgment debtor. EPF, Retirement Gratuity, Leave encashment amount, ESI etc. shall form part of the attachment.
BAKBABU
(Querist) 05 June 2014
Thank u very much to all
