T’puram: The state govt has issued guidelines for dealing with court orders seeking recovery of money from pensions, drawing a distinction between civil debts and maintenance awarded by family courts.A finance department circular dated Aug 1 said pensions are protected from attachment for recovery of civil liabilities under Section 11 of Pensions Act, 1871, Rule 124 of Part-III of Kerala Service Rules and Section 60(1)(g) of the code of civil procedure. Treasury officers have been told to examine such court orders against pension rules and take steps to challenge orders directing attachment or deduction.The circular also instructed govt pleaders to raise the question of jurisdiction at the preliminary stage when service-related disputes affecting pension determination are filed before civil courts. It said such disputes fall within the exclusive jurisdiction of administrative tribunals under Article 323A of the Constitution and Administrative Tribunals Act, 1985.Where an express legal bar applies, pleaders should seek rejection of the plaint under order VII Rule 11(d) of the code of civil procedure. Jurisdiction should be considered as a preliminary question of law, the circular said. If a civil court rejects the objection and passes an adverse order, officials should move the appellate forum to have it stayed or set aside.However, govt has adopted a different approach towards maintenance orders passed by family courts. The circular said maintenance claims are distinct from ordinary civil debts and are linked to constitutional equity and social protection. It cited an SC ruling in Ramesh Chander Kaushal vs Veena Kaushal and a 2025 Kerala High Court division bench decision in Rifa Fathima vs Salim and Others.Treasury officers and pension-disbursing authorities should comply with family court orders directing recovery of maintenance from pension unless a stay or contrary order has been obtained from an appellate court, it said.The instructions were issued following a communication from the director of treasuries in June 2025. The circular has been sent to the accountant general, treasury and prosecution authorities, govt pleaders, district treasuries and pension-disbursing offices in Kerala.
