IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 11411 of 2008 Between: C.S. Radha Purnima W/o. SriK.V.K.B. Sastry, Hyderabad -500 058 R/o. 12-14-89, Behind Masjid, Lallapet, Secunderabad-500 017 ..... PETITIONER AND 1 The Principal Defence Laboratory School Kanchanbagh, Hyderabad-500 058 2 Vadlapatla Venkateswara Rao, S/o. Niranjana Rao, R/o. Santhi Nagar, Eluru .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction, particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent No. 1 in issuing- i) the proceedings No. 152/Discp/219/DLSK dated 15-09-2006 seeking to deduct my salary @ Rs. 3542/per month w.e.f. September , 2006 till the liquidation of full amount(i.e., which runs in to 53 months); and ii) the consequential proceedings NO. 205/A/Sal Att/52/DLSK dated 27 Feb 2007 informing that the balance is 47 installments -- in compliance with the orders in EP No. 88 of 2006 in OS No. 406 of 2004 on the file of the learned Additional Senior Civil Judge's Court, Eluru dated 14-06-2006 as mala fide, arbitrary, illegal, unjust, violative of Section 60 and 60(1A) of CPC and thereby violative of Articles 14,16 and 21 of the Constitution of India and consequently direct the respondent No. 1 to Strictly follow Section 60 CPC by calculating the amount strictly in accordance with Section 60 of C.P.C., by taking in to consideration (a) 12 months gap from 1999 onwards (b) properly taking in to account attachable and non-attachable portion of salary under various heads and (c) by confining strictly to 24 months only against single attachment, in the interests of Justice. Counsel for the Petitioner: PARTY-IN-PERSON Counsel for the Respondents: MR.ABHINAND KUMAR SHAVILI The Court made the following ORDER: The petitioner is working as Telugu Teacher in Defence Laboratory School, Kanchanbagh, Hyderabad. Her grievance is that indiscriminate deductions are being effected from her salary for the past ten years and she is hardly left with any amount to maintain herself and her children. The petitioner appeared as party-in-person and expressed her grievance. This Court directed the learned Standing Counsel for the first respondent to obtain necessary instructions, particularly as to the manner in which the deductions are being effected from the salary of the petitioner. The learned Standing Counsel has placed before this Court, a list of cases in which orders of attachment of the salary of the petitioner were issued. Heard the petitioner and the learned Standing Counsel for the first respondent. This Court was initially sympathetic towards the petitioner on hearing that substantial amounts are being deducted from her salary for the past ten years. Section 60 C.P.C. places restrictions upon the deductions from the salary even where they are on the basis of any decrees. However, to the shock of this Court, it is informed that the petitioner figured as judgment debtor in as many as thirty decrees. While in some cases, she is the principal borrower, in other cases, she is the guarantor. The dates of decrees are between 1997 and 2008. Except making a general statement that indiscriminate deductions are being made, the petitioner is not able to cite any instance of violation of Section 60 C.P.C. Further, the petitioner has to approach the Civil Court concerned seeking modification or withdrawal of orders of attachment. This much, however, can be said that the first respondent cannot make any deductions contrary to Section 60 C.P.C. The writ petition is accordingly disposed of, directing the first respondent not to deduct any amount from the salary of the petitioner contrary to Section 60 C.P.C. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:19.06.2008. Kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{GMS}