Md. Sabber Ali Vs Vandana Chit Funds

@JUDGMENTTAG-ORDER

1. The gross salary of the petitioner is Rs.4359-09 ps. per month. 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/- and odd.

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 CPC.

3. This contention cannot be entertained in view of the judgment of a Division Bench of this Court in N. Venugopala Rao Vs. Life Insurance Corporation of India, . In that case, the Bench was considering the case of an LIC employee. The Bench held that the LIC of India is not one of the organisations which come within the purview of Section 60 of CPC and therefore, the exemption of attachment with regard to the allowances is not applicable to an employee of LIC of India.

4. In the case on hand, the petitioner is an employee of Singareni Collieries. It may be true that it is a Government Company. But that is not one of the enumerated authorities u/s 60 of CPC to claim exemption. In view of this, the allowances can also be attached in the case of the petitioner herein. The impugned order does not suffer from any infirmity or illegality.