Thought for Today, 29 th June 2020

Life is a trip. The only problem is that it does not come with a map. We have to search our own routes to reach our destination.

Wednesday, January 08, 2014

Recovery of cooperative dues from pension- Is it legal ?

A State government office in Maharashtra had frozen the Pensioner's bank account since  there were cooperative societies dues to be recovered from the said pensioner. A query was made to me whether recovery of Cooperative dues can be made from the amount of pension and for that purpose the pensioner's bank account can be frozen. A reply to the said query is  as under,

" In accordance with M.C.S.(Pension) Rules 1982  Government dues as ascertained and assessed by the Head of the office which remain outstanding till the date of retirement of the Government Servant shall be adjusted against the amount of retirement gratuity or death gratuity becoming payable.Cooperative societies dues are not Government dues and therefore they cannot be recovered from the amount of pension. 

The Supreme court in well known case of  " Union of India v/s Wing Commander R.R.Hingorani, (1987) 1 SCC 551" has held that pension shall not be liable to seizure or attachment by process of any court at the instance of a creditor.

The pension is meant for the livelihood of retired employee and his family. 

In view of the above facts it is clear that the action of freezing the pensioner's bank account for the purpose of recovery of Cooperative dues is illegal and the order of freezing the bank account needs to be withdrawn."

The viewers of this blog may like to note the above legal position and deal the similar matters accordingly.The judgement in case of Union Of India v/s Wing commander R.R.Hingorani is also available on this blog under title " Disciplinary Proceedings- important judgements. Those interested can get it downloaded, if necessary

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