Para 13.37 — MSO (A&E)
Original Rule Text
13.37 If an order of attachment is received in respect of the pay or allowance of a Defence Service Officer who is for the time being in Civil Employ borne on the effective strength a representation should promptly be made to the Court that the Defence Service Officer continues to be eligible for
Provisional payments
exemption from attachment. The attached portion of the pay and allowances should, however, be withheld from the officer until the court’s order on the representation is received. If the Civil Court still holds that its previous order of attachment is correct, a report should be made to the Government of India Ministry of Defence. Where the order of attachment relates to the pay and allowances of a Defence Service Officer not borne on the effective strength, the procedure laid down in this paragraph should be followed. 13.38 The detailed instructions issued by the Comptroller and Auditor General in order to secure efficiency and uniformity in relation to leave procedure in respect of gazetted (and also nongazetted) Government Servants are contained in Appendix A. Some of these instructions have already been indicated in Paras 13.34 and 13.36.
What This Means
If a court issues an attachment order against the pay of a Defence Service officer currently in civil employment, the Accounts Officer must promptly inform the court that the officer is exempt from such attachment. The attached portion of pay should be withheld from the officer until the court responds. If the court upholds its attachment order, the matter must be reported to the Ministry of Defence. The same procedure applies to Defence officers not on the effective strength.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Defence officers in civil employ are generally exempt from pay attachment by courts
- 2On receiving an attachment order, the Accounts Officer must represent to the court about the exemption
- 3The attached portion of pay is withheld from the officer pending the court's decision
- 4If the court upholds its order, the matter is reported to the Ministry of Defence
- 5Detailed leave procedure instructions are contained in Appendix A of the MSO
Practical Example
A Colonel on deputation to the Education Department has a court attachment order served on his civil salary. The Accounts Officer immediately informs the court that as a Defence Service officer on the effective strength, his pay is exempt from attachment. Meanwhile, the disputed portion of his salary is held back until the court issues its order on the representation.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
Should the attached portion be paid to the officer while waiting for the court's response?▼
What if the court still insists on the attachment after the representation?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.