IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 37583 of 2007(Y)
1. P.H.PATHUMMA,W/O.ABBARKUTTY
... Petitioner
Vs
1. ITTY IYPE CHERIYAN
... Respondent
For Petitioner :SRI.M.J.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/12/2007
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 37583 OF 2007
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Dated this the 18thday of December, 2007
J U D G M E N T
This writ petition is preferred against the order of the Sub
Judge, Kottayam, whereby the court has ordered attachment of Rs.1,000/-
from the petitioner’s salary. I had gone through Ext.P3 salary certificate
and it shows that petitioner is having a basic pay of Rs.17,500/-. There are
deductions and the carry home salary is Rs.2,285/-.
2. Learned counsel for the writ petitioner contends that since the
carry home salary is Rs.2,285/- and if Rs.1,000/- is deducted from the
same and remaining two third is also deducted, there will be only Rs.428/-
to be attached in the case. I cannot agree with the said contention. What
is attachable has been decided by this court in Sasidharan v. K.C.T.S.S.
Sangam [1994 (1) KLT 429]. The court has held that the basic pay alone
can be taken into consideration and DA and HRA are to be excluded. The
court further held that the PF and LIC recoveries etc., are not liable to be
deducted from the calculation. Similarly, the amount of recovery for other
purposes are also not to be excluded in calculating the exemption.
Therefore the order of the court below to attach the salary of Rs.1,000/- is
perfectly in order and it does not call for any interference.
Therefore, the writ petition lacks merit and it is dismissed.
M.N.KRISHNAN, JUDGE
vps