Writ petition challenged an attachment warrant directing recovery from a retired petitioner's bank account receiving pension. The respondent's authority withdrew the impugned order; the court took the withdrawal on record and disposed of the petition as satisfied.
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SURENDAR KUMAR ..... Petitioner
Through: Mr. Raj Kumar Yadav, Advocate (through VC)
versus
GOVT. OF NCT OF DELHI THROUGH REGISTRAR OF COOPERATIVE SOCIETIES ..... Respondent Through: Mr. Satyakam, ASC, GNCTD
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 12.02.2024 CM APPL. 8253/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
W.P.(C) 1966/2024 & CM APPL. 8252/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:12:21
receives pension post retirement from the services on 28th February, 2018, is illegal and liable to be quashed. He submits that as per Section 11 of the Pension Act, 1871, the pension amount is exempt from attachment, seizure and securitization 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.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 12, 2024/ msh
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:12:21
1 issue framed by the court
Whether an attachment warrant against a pensioner's bank account is illegal given Section 11 of the Pension Act, 1871 exempts pension from attachment.
1 provisions across 1 enactments
Surendar Kumar
Govt. of NCT of Delhi through Registrar of Cooperative Societies
Manmeet Pritam Singh Arora
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
