The Calcutta Weekly Notes Federal Reports 1947-48 To be Cited as 52 C.W.N. [F.R.]

The Court went on however to observe:— There.appears to be some force in his complaint that arrears of pay should have been awarded to him not merely up to the date of the institution of the suit but to the date of a valid order of dismissal. [...] A. 0. J. 110 (1) the salary to the extent of the first hundred rupees and one-half the remainder ; Provided that where such salary is the salary of a servant of the Crown or a sevant of a railway company or local authrity and the whole or any part of the portion of such salary liable to attachment has been under attachment whether contnuously or intermittently for a total period of twen [...] (i) of the proviso is that the salary of a servant of the Crown is exempt from attachment to the extent of the first hundred rupees and onhalf the remainder subject to the further proviso set out in the clause. [...] It runs as follows :— " (1) Where the property to be attached is the salary or allowances of a servant of the Crown or of a servant of a railway company or local authority the Court whther the judgmendebtor or the disbursing officer is or is not within the local limits of the Court's jurisdiction may order that the amount shall subject to the provisions of sec. [...] For us to hold that while a creditor of a servant of the Crown was entitled as of right to compel the Crown to pato him a substantial portion of the salary of such servant in satisfaction of a decree obtained against him the servant himself had no right to sue the Crown for recovery of arrears of pay would be to lend our authrity to an absurd proposition against which we must guard ourselve