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2010 (6) TMI 679 - KERALA HIGH COURTWhether the order withholding gratuity is illegal and no dues other than Government dues are recoverable from gratuity or commuted value of pension in terms of the provisions of the CCS (Pension) Rules, 1972 read with the Government of India orders issued thereunder and that no gratuity or commuted value of pension is liable for attachment in terms of the provisions of the Code of Civil procedure? Held that:- The Tribunal did not have the jurisdiction to sit in judgment on the correctness or otherwise of the orders of attachments/prohibitory orders issued under the CPC or the RR Act. Therefore, the Tribunal acted wholly without jurisdiction in essentially interfering with those attachment orders/prohibitory orders by directing the establishment to release the amounts to the respondent. We are also surprised at the procedure adopted by the Tribunal in having sat in judgment on the entitlement of the different creditors in different civil suits and RR proceedings, including KSFE and a District Co-operative Bank in a proceeding in which they were not even parties. Even if they were made parties, the Tribunal did not have jurisdiction to adjudicate on any issue arising between those parties and the officer under the terms of the contracts between them. Thus no ground to sustain the impugned order of the Tribunal. WP allowed.
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