Petitioner challenged attachment of his gratuity for loan recovery as a surety. The Court held that a surety bond covers personal liability allowing attachment of pension and gratuity, dismissing the writ petition.
The writ petition challenging attachment of gratuity was dismissed with observations that pension and gratuity are attachable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 14TH AUGUST 2007 / 23RD SRAVANA 1929 WP(C).No. 5909 of 2005(C) -------------------------
PETITIONER:
GEORGE STANLEY, KARUNA HOUSE, KANJIRAMKULAM, NEYYATTINKARA TALUK.
U.D.CLERK, CHRISTIAN COLLEGE, KATTAKADA (RETIRED)
BY ADV. SRI.B.KRISHNA MANI
SRI.RAHUL VENUGOPAL
SMT.S.SIBHA
RESPONDENTS:
SUB TREASURY OFFICE, NEYYATTINKARA.
KANJIRAMKULAM P.O., THIRUVANANTHAPURAM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No. 5909/2005
APPENDIX
PETITIONER'S EXHIBITS
// TRUE COPY //
PA TO JUDGE.
jg
C.N.RAMACHANDRAN NAIR, J.
----------------------------------WP(C) No. 5909 of 2005
Dated, this the 14th day of August, 2007
J U D G M E N T
Petitioner is challenging recovery proceedings in the form of attachment of his gratuity for recovery of arrears of loan taken by respondents 4 & 6, for whom petitioner and 5th respondent stood as sureties. The point raised by the petitioner is that only salary can be attached and not gratuity. Petitioner has produced a letter authorizing recovery through attachment of his salary. Learned counsel appearing for 1st respondent submitted that petitioner has executed surety bond which covers personal liability and therefore, all amount can be attached besides revenue recovery. I do not think the contention of the petitioner can be upheld because attachment of salary authorized does not limit recovery from monthly salary alone. Salary under the Bond includes all payments from their employer. In the circumstances, pension, gratuity or any amount can be attached whether there is separate surety bond or not. Recovery also can be made from other sureties i.e. from the 5th respondent. Petitioner has a right to recover the amount from the principal debtors. It is for him to pursue the same.
This writ petition is dismissed with the above observations.
(C.N.RAMACHANDRAN NAIR, JUDGE.)
jg
1 issue framed by the court
Whether only salary can be attached to recover arrears of loan covered by a surety bond, or if pension and gratuity are also attachable.
GEORGE STANLEY
K.K.BAI
D. SELVAN
C.N.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
