Mumtaza Majeed And Others vs Union Of India And Others
2026 Latest Caselaw 2197 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mumtaza Majeed And Others vs Union Of India And Others on 9 April, 2026

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                                          Serial No. 07
                                                                                          REGULAR LIST

                           IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT SRINAGAR
                                                 LPA 44/2026 in[WP(C) 881/2021]
                       MUMTAZA MAJEED AND OTHERS                                         ... Appellant(s)

                       Through: Mr. Gulzar Ahmad Bhat, Advocate
                                                                  Vs.

                       UNION OF INDIA AND OTHERS                                        ...Respondent(s)

Through: Mr. T.M. Shamsi, DSGI with Mr. Faizan Majeed, CGC Mr. Q.R. Shamas, Advocate Mr. Khan Sameer, Advocate CORAM:

HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 09.04.2026

1. Impugned in this Letter Patent Appeal, filed by the appellants under

Clause 12 of the Letter Patent, is an interlocutory order dated 24th

February, 2026 passed by the learned Single Judge of this Court ["the

writ Court"] in WP(C) No. 881/2021 titled "Mahroofa Akhter & Ors

Vs. Union of India & Ors.", whereby the writ Court has modified its

previous order dated 30th April, 2021 and directed the official

respondents to release the pensionary benefits of the deceased in

favour of the writ petitioners as well as the private respondents 7 to 10

in the writ petition in equal proportions, subject to furnishing of an

undertaking by them before the Registrar Judicial of this Court to the

effect that, in the event either of the party fails in the petition, they

shall reimburse the said amount with interest.

2. Having heard learned counsel for the parties and perused the material

on record, we are of the considered opinion that it would serve the

ends of justice if the order dated 24.02.2026 is modified in the

authenticity of this document following manner, to which the appearing parties have also agreed:

a. That, till the writ petition is taken up for consideration, the

official respondents shall divide all the pensionary benefits

of the deceased into three equal parts. One part of

pensionary benefits shall be released in favour of the writ

petitioners and one part in favour of the respondents 7 to 10

in the writ petition. The third part of the pensionary

benefits of the deceased shall be kept withheld and shall

remain with the official respondents to be invested in Fixed

Deposit Receipts (FDR) in a Bank initially for a period of

one year.

b. We, however, provide that the third part, which is directed

to be withheld by the official respondents, shall be

disbursed as per the directions which are ultimately and

finally passed by the writ Court upon determination of the

controversy raised in the writ petition.

3. Needless to say that the disbursement of the first two parts of the

pensionary benefits in favour of the writ petitioners as well as the pvt.

respondents shall be strictly as per the rules and regulations of the

Army.

4. Disposed of.

                                 (SANJAY PARIHAR)                            (SANJEEV KUMAR)
                                          JUDGE                                      JUDGE
                         SRINAGAR:
                         09.04.2026
                         "ARIF"