STATE OF J&K Vs. JAGU RAM

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of the judgment of the learned Single Judge pronounced on 22.11.2001 in exercise of the writ jurisdiction in a petition filed by an ill fated father of a police constable of 6th Bn. of JKAP, namely, Shri Kaka Singh who appears to have fallen victim to the violence of anti social elements subsequent to disappearance in course of his deployment to Manigam, Baramula in connection with law and order duty. Ex gratia relief of rupees one lac was sanctioned and released in favour of the writ petitioner (Respondent herein)but family pension was withheld by the respondent -employer,(appellants herein) leaving no option for him but to knock the doors of the authorities at the helm. The effort bore no results, thus controversy landed in the Court. The facts material for disposal of the lis may be stated. It has a chequered history. First OWP No. 90/1990 filed by the respondent was decided on 26.07.1995 with the following direction :

(2.) THE judgment was not complied with and investigation was not conducted giving rise to the institution of a contempt petition bearing No. COA(W) No. 21/1997 which culminated by a direction dated 22.6.1998, attaching the account head of IGP, Jammu. The judgment was not complied with in its letter and spirit despite coercive mode giving rise to another cause for respondents to approach the court through CMP(W) No. 35/1999 which was treated as writ petition leaving the writ petitioners -respondents free to make amendments if any required. The liberty so granted was availed of by the respondents and the amended writ petition was filed. It was registered and numbered as OWP No. 740/2000. The appellants chose not to file returns and the petition was decided in absence of counter by judgment dated 22.11.2001. The operative part reads: - -

(3.) BEING aggrieved, the State has come up in appeal contending that the judgment has been passed without admitting the petition to hearing and without issuing notice to the appellants in utter violation of the mandate of the judgment of the Apex Court in case Union of India v. Daya Ram. To appreciate the contention orders dated 15.09.2000 and 16.10.2000 assume significance which may be noticed: -