Andhra Pradesh High Court - Amravati
T Madhu vs The State Of Andhra Pradesh on 12 March, 2020
Author: T. Rajani
Bench: T. Rajani
SMT. JUSTICE T.RAJANI
WRIT PETITION No. 6658 OF 2020
ORDER:
This writ petition is filed seeking to declare the action of respondent No. 2 in not communicating the required documents to respondent No. 3, such as no due certificate, non drawal certificate and no allegation certificate, to enable respondent No. 3 to release retirement benefits such as pension, gratuity, commutation, GPF, GIS and earn leave encashment etc., to the petitioner as illegal.
2. Heard learned counsel for the petitioner. Notice to the unofficial respondents is dispensed with as no order affecting the said parties is proposed to be made.
3. Learned counsel for the petitioner submits that respondent Nos. 4 and 5 filed suit against the petitioner and got attached the retirement benefits of the petitioner. However, the order is to the effect that the attachment has to be effected only subject to Section 60 of C.P.C. Now, under the guise of the said order, respondent No. 2 is not forwarding the documents which are required to be submitted to respondent No. 3 stating that a clarification is to be sought from Court.
4. The order in I.A.No. 122 of 2019 in O.S.No. 102 of 2018 on the file of the Court of VI Additional District Judge, Kakinada, is in clear 2 terms that the attachment shall be subject to Section 60 of C.P.C. Hence, there need not be any further clarification with regard to the attachment to be effected in respect of the retirement benefits of the petitioner.
5. Hence, in view of the above, respondent No. 2 is directed to submit no due certificate, non drawal certificate and no allegation certificate to respondent No. 3 for the purpose of respondent No. 3 releasing the retirement benefits of the petitioner subject to Section 60 of C.P.C.
6. The writ petition is allowed. Pending miscellaneous applications, if any, shall stand closed in consequence.
Date: 12-03-2020. ___________
Note: T.RAJANI, J.
Issue C.C. in four (4) days.
B/O
JSK
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SMT. JUSTICE T.RAJANI
WRIT PETITION No. 6658 OF 2020
DATE: 12TH MARCH, 2020
JSK