THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.429 of 2004 ORDER: The husband of the petitioner, by name Venkatarama Rao, was working as a Driver in Kovvur Depot of A.P.S.R.T.C., respondent No.1 herein. He died intestate on 31.05.2002 while in service. The petitioner and her two sons have approached the respondents with a request to pay the death benefits of late Venkatarama Rao. However, they were not paid any amount on the ground that several suits were filed against Venkatarama Rao and orders of attachment were obtained. The petitioner challenges the action of the respondents in denying the payment of death benefits of the deceased employee. On behalf of the respondents, a detailed counter-affidavit is filed. The particulars of orders of attachment obtained in various proceedings, namely six suits are furnished. It is stated that as long as the attachment subsists, the amount cannot be paid to the petitioner. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is not denied that the husband of the petitioner died while in service. The service conditions provide for payment of various amounts such as gratuity, provident fund, leave encashment, staff retirement benefit scheme etc. It is also a matter of record that as many as six suits were filed against the employee during his life time and orders of attachment were passed. The fact, however, remains that all the attachments were subject to Section 60 C.P.C. and the said provision prohibits attachment of gratuity and provident fund. Clauses (g) and (ka) of Section 60 C.P.C. make this aspect clear. Therefore, even if the orders of attachment are subsisting, the petitioner and other legal heirs of the deceased cannot be denied the payment of gratuity and provident fund. As regards other amounts, they have to approach the Courts concerned and pursue their remedies. Therefore, the writ petition is partly allowed, directing the respondents to pay the amount of gratuity and provident fund in respect of late Venkatarama Rao, subject to production of legal heir certificate within a period of four weeks from the date of such production. As regards the other amounts, it shall be open to the petitioner to pursue her remedies and the respondents shall abide by the decrees or orders of attachment that are in force. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:16.09.2010. kdl