x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Jammu getting its due share of inclusive development under Omar Abdullah-led Government: RL Gupta | National Conference afraid of defeat, avoiding Panchayat Polls in J&K: LoP Sharma | MLA Arvind Gupta inaugurates development works worth Rs 65 lakh in Jammu West | BIS raids jewellery outlet in Amritsar; 95 gold jewellery articles weighing 467.44g seized over Hallmarking violations | Reasi police intensify anti-narcotics drive | Distirct police Reasi inspects fertiliser & chemical shops; directs installation of CCTV cameras | Strong law and order and uninterrupted power supply under Yogi Govt give business a new boost | Show-Cause Notice Issued After Chhattisgarh Woman IPS Officer Fires AK-47 During Dussehra Ritual | India Stands For Peace | Chemicals in Festive Foods: A Dangerous Gamble with Human Health | Basohli Utsav: Celebrating Heritage | Crescent School Shines at Speedball Championship | SJVN is organizing 29th Inter CPSU Carrom Tournament | 72 lakh voters ready, but no poll date: J&K’s Panchayat election mystery | Ladakh Panchayat polls on Nov 21 | Delay in court replies won’t be tolerated : Govt warns officers | Amit Shah slams opposition, says protests will achieve nothing | HC main wing to close in Srinagar Oct 31 | J&K to witness dry weather till October 31 | 250-bed maternity hospital awaits site finalisation in Anantnag: CM Omar | India will support every meaningful effort to bring peace to Ukraine, West Asia: PM Modi | J&K Bank net profit rises 10% to Rs 546 crore in September quarter | Man sets stepmother ablaze | 2 OGWs arrested in Baramulla | Man held for pasting anti-national posters | Back Issues  
 
news details
HC bars J&K Bank from deducting funds from retired guarantors pension account
8/2/2025 10:54:38 PM
Early Times Report

Jammu, Aug 2: In a significant judgment safeguarding the rights of pensioners, the High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by J&K Bank Limited seeking to overturn an appellate court’s order that restrained it from deducting funds from a retired guarantor’s pension account. Justice Moksha Khajuria Kazmi after hearing Adv Raman Sharma for the J&K Bank whereas Adv Himanshu Beotra for the respondent, ruled that pensionary benefits, even after being deposited into a bank account, retain their exempt status under Section 11 of the Pensions Act, 1871, and Section 60 of the Code of Civil Procedure (CPC). The court emphasized that such funds cannot be attached or deducted unilaterally, even under contractual agreements like deeds of guarantee.
The case arose after Chander Udey Singh, a retired individual suffering from age-related ailments, challenged the bank's action of unilaterally deducting Rs 25,000 from his pension account. Singh had stood as a guarantor for loan accounts of businesses run by his wife, which later turned into Non-Performing Assets (NPAs). Despite a pending civil suit, the bank froze Singh’s pension account and began recovery, prompting him to seek court intervention.
The trial court initially dismissed Singh’s plea for interim relief, but the Principal District Judge overturned that decision and barred the bank from further deductions. The bank then filed a petition under Article 227 of the Constitution, which has now been dismissed by the High Court.
In her detailed judgment, Justice Moksha Khajuria Kazmi cited multiple precedents, including Radhey Shyam Gupta v. PNB and Farooq Ahmed Khan v. Mehmooda Khan, reiterating that pension retains its protected status even post-credit. The court also ruled that supervisory jurisdiction under Article 227 cannot be used to reassess evidence or replace the appellate court's discretion unless there is a manifest error or miscarriage of justice.
“The statutory protection of pension is not just a technical shield but a fundamental safeguard ensuring financial dignity for retirees,” the judgment noted. It further stated that contractual terms in deeds of guarantee cannot override the public policy embedded in statutory exemptions.
The court vacated its earlier interim order and upheld the appellate court's protection for Singh, warning that allowing banks to enforce deductions in such a manner would nullify legal protections meant for pensioners. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU