K. B. VIJAYAN Vs. RAMESH KUMAR V. VALLAMUKKANDIYAL

JUDGEMENT

(1.) The sole question arising in this O.P. filed under Art. 227 of the Constitution of India is whether the monthly allowances of salary drawn by an employee of Life Insurance Corporation of India are exempt from attachment in execution of money decree passed against him by a civil court.

(2.) The decree holder who obtained a compromise decree dated 6.2.2014 against the judgment debtor sought to attach a sum of Rs. 28,856/- from his salary in E.P.No.86/2015 on the file of Sub Court, Pathanamthitta. The judgment debtor is employed as a Development Officer in the branch of LIC of India, Chengannur. His gross emoluments per month amount to Rs. 74,283.00. The monthly allowances drawn by him fall under three heads, namely, Dearness Allowance (Rs. 21,837/-), House Rent Allowance (Rs. 3,404/-) and fixed allowance (Rs. 360.00) and they together form an aggregate amount of Rs. 25,601.00. The pay particulars of the judgment debtor show that net salary drawn is exclusive of the monthly deductions towards court attachment (Rs. 7,000.00), contribution to Provident Fund (Rs. 4,864/-) and insurance premium (Rs. 92.00). The decree holder while quantifying the attachable portion excluded these monthly deductions also from the gross salary.

(3.) The judgment debtor does not seem to have contested the execution proceeding before the lower court. The court below has taken a view that the allowances of salary drawn by the judgment debtor are exempt from attachment and dismissed E.A.No.52/2018 for attachment of salary by an order passed on 25.5.2018. It also refused to order attachment of any amount from the salary, as according to it, no portion liable to attachment was left thereafter on account of the periodic deductions.