Shahzada Yousuf & Ors vs J&K Institute Of Management ...
2021 Latest Caselaw 859 j&K/2

S.N 119
B.N
           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                               ...

                                WP (C) No. 1502/2021
                                 CM No. 5093/2021

     Shahzada Yousuf & ors.                                   .... Petitioner(s)

                               Through: Mr. A. Haqani, Sr. Advocate with
                                        Mr. Shakir Haqani, Advocate.

                                         Versus
     J&K Institute of Management Public
     Administration & Rural
     Development and Anr.                                      ...Respondent(s)

                                 Through:

     CORAM:
           HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                       ORDER

05.08.2021 WP (C) No. 1502/2021 Issue notice to respondents returnable within a period of three weeks.

Steps within one week.

List on 3rd September 2021.

The challenge in the petition is thrown to communication No.

IMPA/Admn/R-19/2583 dated 11th June 2021, addressed to the petitioners

by respondent no.2, whereunder it is contended that the deceased husband of

the petitioner had been terminated from the services in terms of Rule 30 of

CCA Rules w.e.f 1.10.1999 and that in terms of Article 200 of CSR 1956,

discharge or removal from service entails forfeiture of past service and does

not qualify for pensionary benefits.

According to learned counsel for the petitioner Mr. A. Haqani, the

order of termination referred to in the impugned communication dated 11th

June 2021, stands quashed by this Court in SWP No. 689/ 2004 vide judgment dated 07.06.2005 and upheld by Division Bench in LPA No.

121/2005 dated 09.11.2005.

It is being contended by Mr. Haqani, that respondents have without

application of mind and in breach of Rules and Regulations governing the

grant of pension to a deceased employee/dependents even with held the

provisional pension to the dependents of the deceased employee.

There appears to be substance in the submissions made by Mr. Haqani

and prima facie the impugned communication seemingly has been addressed

to respondent no. 2, over looking the judgments passed by this Court

whereunder the termination of the deceased husband of the petitioner had

been quashed.

In this view of the matter personal appearance of respondent no.2

along with record becomes imperative.

Respondent no. 2 to appear in person along with the record on next

date of hearing.

CM No. 5093/2021 Issue notice as above.

In the meantime notwithstanding the issuance of impugned

communication dated 11th June 2021, the respondents shall consider the

payment of provisional family pension to the petitioners and file a

compliance report thereof on the next date of hearing.

(Javed Iqbal Wani) Judge Srinagar 05.08.2021 "NuzhatShafi"