Mohammad Ishaq Wani vs Ut Of J&K And Others
2022 Latest Caselaw 63 j&K/2

                                                                        Sr. No. 25

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT SRINAGAR
                      (Through Virtual Mode)

                                                 CM No. 435/2022
                                                 In
                                                 WP (C) No. 175/2022
                                                 CM No. 436/2022



Mohammad Ishaq Wani                                    .....Appellant(s)/Petitioner(s)



                          Through: Mr. M.Y. Lone, Adv.


                     Vs


UT of J&K and others                                              ..... Respondent(s)


                          Through: Ms. Asifa Padroo, AAG.


Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE


                                       ORDER

09.02.2022

(OPEN COURT)

The petitioner claims that he was appointed on compassionate

basis in terms of SRO 43 on account of the death of his brother-Farooq

Ahmed Wani, who was survived by his wife, namely, Rafiqa-respondent No. 5

and daughter, namely, Rubeena-respondent No. 6.

It is stated that in the previous round of litigation, respondents No.

5 and 6 herein had filed a petition bearing SWP no. 1539/2007, which was

disposed of vide judgment and order dated 16.2.2015 with the following

directions:

"(i) Respondent No. 5 shall pay an amount of Rs. 5000/- per month with annual increase of Rs. 500 to petitioner No. 2 till she attains age of 24 years or till she is married whichever is earlier. The amount shall be deducted from the salary of respondent No. 5 and deposited/remitted to

the account maintained by petitioner No. 2 or proposed to be opened by her in a local bank.

(ii) Respondent No. 5 shall pay an amount of Rs. 5 lacs in lump sum to petitioner No. 2 to meet the expenditure on the date petitioner attains the age of 24 years or at the time her marriage, whichever is earlier."

It is further stated that the aforementioned amount was being

deducted from the salary of the petitioner regularly. However, it is urged

that the same must stop in view of the fact that the daughter of the

deceased-Farooq Ahmed Wani/respondent No. 6 herein has since been

married and that he had also paid an amount of Rs. 5 lacs at the time of her

marriage.

It is further urged that the respondent No. 5-wife of the deceased

had also since been married with her brother in law in the year 1998. It is,

therefore, prayed that no further deductions be made from the salary of the

petitioner.

Whether the respondent No. 6 i.e., daughter of the deceased-

Farooq Ahmed Wani has attained the age of 24 or is married or not needs to

be verified with a view to determine the obligation of the petitioner-herein in

terms of the judgment and order dated 16.2.2015 passed by this court.

Since disputed questions of facts are involved in the present

petition, the same can more appropriately be gone into by the concerned Sr.

Superintendent of Police, Srinagar, who will determine as follows:

(i) Whether the respondent No. 6-daughter of the deceased-Farooq

Ahmed Wani is married;

(ii) Whether she has attained the age of 24 and

(iii) Whether the amounts as had been mentioned in the judgment

and order dated 16.2.2015 have been paid or not.

Let a decision be taken by the concerned officer within two months

from the date a copy of this order is made available to the said officer.

In the meantime, till a decision is taken, it is ordered that no

deductions be made from the salary of the petitioner.

Disposed of accordingly along with connected application(s).

(Dhiraj Singh Thakur) Judge Srinagar 09.02.2022 Naresh

NARESH KUMAR 2022.02.11 17:06 I attest to the accuracy and integrity of this document