Attachment of salary

You cannot go against the department as the court passed the decree.  You may file an appeal in the court concerned.  

The department will act on the basis of the court orders in this regard.

You cannot expect the department to disobey the court order, hene if at all you are aggrieved by the judgment, you may have to prefer an appeal alone and not to fight against the department oncerned.

I agree with the advise of learned experts.

Move in appeal through your lawyer.

What exactly is the Order of the Court?

The information provided is incomplete.

In such revoery the employer is bound to ignore only mandatory deductio (ie PG/Insurance etc).

recovery of advance is not justified to be ignored.

Basically the order for attachment of 1/3rd salary is as per Army Order on the subject.

Section 33 of the Army Act which says that the rights and privileges of the army personnel granted here are in addition to those covered by any other law, here, the Hindu Adoptions and Maintenance Acl,1956 or Hindu Marriage Act,1955. The petitioner also referred to Section 28 of the Act which provides immunity from attachment of salary by direction of any civil or revenue court or any revenue officer in respect of pay and allowances of any person subject to the Army Act.

Though section 25 of the Act permits deductions to be made as ordered by or under the Act or any other Act, petitioner contends that no deductions can he made from pay and allowances in view of provisions of Section 28 and 33 of the Act, unless there is a decree or order of the Court, It is contended that the later part of Note 22 below Section 90(i) requires that unless a decree is passed by a competent civil court, no deductions can be made. Reference is also made to. Regulation 532 of Service Regulations issued under the authority of Government of India and it is contended that salary is not moveable property within the meaning of Section 421 of the Cr.P.C. and that it cannot be attached.