AIJAZ AHMAD BHAT Vs. STATE OF JK

JUDGEMENT

(1.) BROTHER of petitioner was working as Accountant in the respondent Department. Allegation against him was that he un authorisedly remained absent from duty from 08th August, 1997 to 20th December, 2004, the day he died.

(2.) THE petitioner filed the writ petition bearing SWP NO: 1333/2009, praying therein that respondents be directed to pay the service benefits to the petitioner, being the brother of the deceased employee. The writ petition was disposed of by the Court vide order dated 31.01.2011, directing the respondents to settle the service benefits as would be available to the petitioner in accordance with service rules applicable. The respondent Director General, Accounts and Treasuries, J&K Government vide Order No. 168 Scctts of 2011 dated 08th December, 2011 ordered for treating the period with effect from 08th August, 1997 to 20th December, 2004 as Dies non in terms of Article 163 of J&K Civil Services Regulations Vol II. It is this order, which is called in question in this writ petition.

(3.) MR . Tasaduq H Khawaja, learned counsel for the respondents submitted that the deceased employee remained un authorisedly absent from duty and was not entitled to receive the service benefits. Leanred counsel submitted that the concession has been given to the petitioner by treating the period of absence from duty of the deceased employee as Dies non. Learned counsel submitted that this writ petition requires to be dismissed.