CHIEF GENERAL MANAGER Vs. K Y THOMAS

JUDGEMENT

(1.) The Respondent retired from the service of BSNL. As stated in the impugned decision of the Central Administrative Tribunal, different attachment orders/prohibitory orders were issued either by the Civil Courts or by the competent authorities under the Kerala Revenue Recovery Act, 1968 requiring the Respondent's employer BSNL and the disbursement officer to satisfy the demands covered by those attachment orders/prohibitory orders. Those prohibitory orders/attachment orders ran to a total amount more than the Death-Cum-Retirement Benefit that could be released to the Respondent at the time of his retirement. The Communication Accounts Officer (Pension) of the Office of the CCA, Trivandrum issued a sanction order for payment of gratuity and commuted value of pension after withholding the total amount covered by the attachment orders/prohibitory orders. The Respondent challenged it by filing a writ petition before this Court which, in turn, was transferred to the CAT when BSNL was brought under the jurisdiction of that Tribunal.

(2.) The plea of the Respondent was that the order withholding gratuity is illegal and no dues other than Government dues are recoverable from gratuity or commuted value of pension in terms of the provisions of the CCS (Pension) Rules, 1972 read with the Government of India orders issued thereunder and that no gratuity or commuted value of pension is liable for attachment in terms of the provisions of the Code of Civil Procedure.

(3.) The establishment, in opposition, contended that amounts are withheld in view of the various attachment orders/prohibitory orders issued by the Civil Courts and by the competent authorities under the R.R. Act, and the DCRG and commuted value of pension due to the officer is less than the total amount covered by the attachment orders/prohibitory orders.