MOHAMMAD SABEER ALL Vs. VANDANA CHIT FUNDS

JUDGEMENT

(1.) The gross salary of the petitioner is Rs. 4359-09 ps permonth. The attachment order speaks of attachment of one third of the salary after deducting the first Rs.400/- from out of the salary including all allowances. That comes to Rs. 1318/- and odd. After deducting this amount towards instalments, the petitioner will be left with Rs.2600/-an dodd.

(2.) The learned Counsel for the petitioner submitted that the petitioner is an employee of Singareni Collieries. Therefore, allowances cannot be attached as per Section 60 C.P.C.

(3.) This contention cannot be entertained in view of the Judgment of a Division Bench of this Court in N. Venugopala Rao vs. L.I.C. of India, South Central Zone, rep. by Zonal Manager, Hyd. In that case, the Bench was considering the case of an L.I.C. employee. The Bench held that the L.I.C. of India is not one of the organisations which come within the purview of Section 60 C.P.C. and therefore, the exemption of attachment with regard to the allowances is not applicable to an employee of L.I.C. of India.