Army Personnel Salary Attachment: Punjab and Haryana High Court have said that the Army personnel’s salary cannot be approached to recover the benefit of filling up under Section 125 CRPC (now Section 144) of Indian Civil Security Code, 2023, as only the Central Government has the right to cut this type.
Justice Harpreet Singh Barar said in his order that the Army personnel under the Army Act have been provided comprehensive rights and security, so that they can effectively play their duties of national security without any external financial barrier.
Army Personnel Salary Attachment: What is the case?
The decision came during the hearing of a petition in which the order of the Family Court was challenged. The Family Court ordered a deduction of Rs.4,10,000 from the Salary of the Army personnel, so as to recover the outstanding balance of fill-nutrition.
OROP Supreme Court: The government told the Supreme Court – these retired personnel won’t get under OROP increased pension!
The petitioner’s lawyer Madan Lal Saini argued that this type of acceptance of the Central Government cannot be deducted under the Army Act (Army Act 1950).
Rights and Security under the Army Act
The Court said that under Section 25 and 91 of the Army Act (Army Act 1950) the deduction from the salary and allowances of the Army personnel is possible only by the permission of the Central Government. In addition, Section 28 ensures that the salary of the Army personnel cannot be approached.
One Rank One Pension: Pensions in OROP-3 are offended by anomalies Retired military personnel, 401 JCOs sent legal notices to the Ministry of Defence and the Navy Chief
The Court also said that the right and privileges given to the Army personnel do not reduce any rights or privileges they have under other laws, but also provide additional protection for them.
The Court cited the following sections of the Army Act:
- Section 25 and 91: These streams decide the rules of deduction from the salary and allowances of the seals.
- Section 28: Under this section, the salaries and allowances of the seals have been provided with protection from seizures.
- Section 33: This stream clarifies that the rights given to the seals complement the rights given under other laws.
Army Personnel Salary Attachment: Court Decisions
"The salary of the Army personnel cannot be approached as per the order given by the Nile court," said Justice Harpreet Singh Barar. It is mandatory to take permission from the Central Government for deduction of Rs. 10,000 fixed for filling-nutrition. ""
He also clarified that the beneficiary may request the Central Government if an order for a civil court filling-nutrition that the necessary deductions should be made under Section 91(i) of the Army Act.
Hikert also said that it has been given special protection to protect army personnel from hampering their actions. Army personnel have to depend on their salary and allowances, and such deductions can adversely affect their duties.
At the same time, the High Court cancelled the Order of the Family Court and accepted the appeal of the petitioner. At the same time, deciding accountability, it directed that the responder may approach the Central Government to enforce the order of filling-nutrition.
What is Section 125 CrPC?
Section 125 of the Indian Penal Process Code (CRPC) (now the right to fill the wife, child and parents under Section 144) of the Indian Civil Defence Code, 2023. In particular this provision is that if the funds required for the family are not paid, it can be applied by the court.
What is Special for Army personnel?
सेना कर्मियों को उनके संवैधानिक अधिकारों और विशेषाधिकारों के तहत यह सुनिश्चित किया गया है कि उनके वेतन और भत्तों की कटौती केवल केंद्र सरकार की स्वीकृति से ही हो सकती है। यह कदम यह सुनिश्चित करता है कि सेना कर्मी अपनी सेवा और राष्ट्रीय सुरक्षा के प्रति पूरी तरह से समर्पित रह सकें।
न्यायालय के फैसले का महत्व
इस फैसले से यह स्पष्ट हो गया है कि सेना कर्मियों के वेतन और भत्तों को लेकर केंद्र सरकार का विशेष अधिकार है। यह फैसला न केवल सेना कर्मियों के अधिकारों को सुरक्षित रखता है, बल्कि यह भी सुनिश्चित करता है कि सिविल अदालतें इस संवेदनशील मुद्दे पर सीधे हस्तक्षेप न करें।



























