STATE OF J AND K Vs. NISHA MAGOTRA

JUDGEMENT

(1.) THE Government instruction No. 1 appended to Rule 24(c) of the Jammu and Kashmir Family Pension -Cum -Gratuity Rules, 1964 (for short ' rules of 1964') became subject matter of interpretation in SWP No. 2248/2003. The learned Writ Court in terms of impugned judgment dated 23.02.2004 struck down second part of Government Instruction No. 1 appended to rule 24(c) of the rules 1964 as unconstitutional. It further declared that the writ petitioner/respondent would be entitled to similar treatment as is given in the first part of the Government Instruction No. 1 to pensioners. It is also provided that the respondent/writ petitioner would be entitled to Dearness Allowances on the pay or family pension whichever is higher, from time to time. It is this judgment, the State of Jammu and Kashmir is aggrieved of and has challenged the same in this Letters Patent Appeal.

(2.) BEFORE dealing with the submissions of the learned counsel for the parties, it is deemed appropriate to give brief narration of the facts projected in the writ petition by the respondent/writ petitioner.

(3.) THE respondent/writ petitioner was appointed on compassionate ground as Junior Assistant in the High Court. The facts as emerge from the impugned judgment would show that at the time of his death, the deceased was drawing Rs. 13125 as his basic pay and an amount of Rs. 7219/ - as Dearness Allowance @ 55% was admissible under the relevant Rules.