whether court attachment from monthly pension legally posibl
A.Mohamed Thaheer
(Querist) 27 April 2009
This query is : Resolved
Dear friends,
Is it legally possible to recover court attachment from the monthly pension payable to a pensioner under central civil service (Pension) Rules, 1972? when there is no source of other income for the pensioner.
If yes, how much maximum could be detected from the pension monthly?
A V Vishal
(Expert) 27 April 2009
Court Attachment:
Pension, whether due or to become due, is free from attachment from any court until it has actually been paid as per the Pension Act. No pensioner can assign or sell any interest in respect of the pension not then due.
The Supreme Court of India has held that pension is not a bounty payable on the sweet will and pleasure of the Government and the right to pension is a valuable right resting in a Government servant and that the state has no power to withhold the same. It was also held that delay in payment of retrial dues entitles an employee to claim interest at the market rate.
No pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance shall be liable to seizure, attachment or sequestration by process of any court at the instance of a creditor, for, any demand against the pensioner, or in satisfaction of a decree or order of any such Court.
All assignments, agreements, orders, sales and securities of every kind made by the person entitled to any pension, pay or allowance mentioned above, in respect of any money not payable at or before the making thereof, on account of any such pension, pay or allowance, or for giving or assigning any future interest therein, are null and void.
Yash
(Expert) 28 April 2009
NO (the law is crystal clear in this regard so a BIG NO)
