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High Court of Jammu and Kashmir · body

1945 DAILYLAW 1 (JK)

UNION OF INDIA AND OTHERS v. KRISHNA DEVI

WP(C)/1945/2025 · 2026-02-09

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body1945

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1945/2025 1. Union of India, through its Secretary, Ministry of Defence, South Block, New Delhi-110011 2. The Chief of Army Staff, IHQ of MoD (Army), Sena Bhawan, New Delhi-110011 3. The Officer-in-Charge, Records The Punjab Regt, PIN 908761 C/O 54 APO 4. Principal Controller of Defence Accounts (Pensions), Draupadi Ghat, Allahabad, Uttar Pradesh-211014. Date of pronouncement: 09.02.2026 Date of uploading: 09.02.2026 …..Appellant(s)/Petitioner(s) Through: Mr. Rohan Nanda, CGSC vs Smt. Krishna Devi, Wd/o No. 2452898 Late Sep Kamla Dass, age 65 years, R/o Village: Badhori, P.O. Rahya, Tehsil: Bari Brahmana, District: Samba (J&K) .…. Respondent(s) Through: Mr. S. K. Saini, Advocate vice Mr. P L Sharma, Advocate. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER (ORAL) 09.02.2026 Sanjeev Kumar ‘J’ 1. The short grievance projected by the petitioners in this petition, filed under Article 226 of the Constitution of India, to throw challenge to order dated 13.11.2019, passed by Armed Forces Tribunal, Srinagar Bench at Jammu [for short “the Tribunal”] in OA No. 424 of 2018, is that the Trial Court has failed to appreciate that the respondent had come to the Court after more than four decades and, therefore, the Serial No. 16 2 WP(C) No. 1945/2024 Tribunal ought to have restricted the arrears only to three years prior to filing of OA before the Tribunal. 2. Learned counsel appearing for the respondent fairly concedes to this position. 3. Having heard rival contentions and the fair stand taken by the learned counsel for the respondent, the order and judgment impugned, passed by the Tribunal, is modified by providing that the respondent would be entitled to the arrears only for a period of three years preceding the filing of OA. Rest of the judgment, however, shall remain intact. The writ petition is disposed of accordingly. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge Jammu 09.02.2026 Vishal Sharma Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No