COMMISSIONER SECRETARY Vs. HAFEEZA

JUDGEMENT

(1.) This order shall dispose of two appeals filed by the State of Jammu and Kashmir and its officer on the one hand and the legal heirs of the writ petitioner late Shri Abdul Rashid Zargar.

(2.) Both the appeals filed under Clause-12 of the Letters Patent are directed against the judgment and order dated 27.05.2011 rendered by the learned writ court while allowing SWP No.1823/2009. The learned writ court has directed the official respondents to release a sum of Rs.1,91,464.44 in favour of the Petitioners/respondents/ legal heirs of the employee because the amount was wrongly deducted from his gratuity and arrears of pension. The needful was required to be done within a period of 15 days and they were required to calculate the leave salary as admissible to the petitioner from the date of suspension till 10.09.1998. It was to be paid to the petitioner along with interest @ 5% per annum.

(3.) It would be first necessary to state few facts in order to appreciate the controversy.