BANDI CHINA RAMALINGA REDDY Vs. NALLURI SRINIVASULU

JUDGEMENT

(1.) In execution of the decree obtained by the revision-petitioner against the 1st respondent, he filed a petition to attach the retiral benefits to be credited to Account No.45103 of Andhra Bank as per the despatch older of the District Treasuey Officer, Ongole, which was dismissed by the order undei levision.

(2.) The contention of the learned counsel for the revision petitioner is that since 1st respondent is not a government servant, and is an employee in a private college, he cannot by invoking Section 60 C.P.C. claim exemption from attachment of the retiral benefits, by placing strong reliance on N.VENUGOPALA RAO V. L.I.C. OF INDIA, 1995 2 ALT 70 (D.B.). and MD.SABEER ALI v. VANDANA CHIT FUNDS, 2000 1 ALD 261.

(3.) The contention of the learned counsel for the 1st respondent is that since the retiral benefits to be received by the 1st respondent are his pension and gratuity, and since gratuity which is governed by the Payment of Gratuity Act, 1972 (the Act), is exempt from attachment in view of Section 13 of the Act, and in view of the ratio in T.PRABHAKAR RAO v. REGISTRAR OF CO-OP. SOCIETIES, 2003 6 ALT 97. the order undei invision needs no inter ference by this Court.