HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2684/2022 Salma Aga …..Appellant(s)/Petitioner(s) Through: Mr. Ravinder Sharma, Advocate vs UT of J&K and ors. .…. Respondent(s) Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG for R-1 to 4 Mr. Ajaz Chowdhary, Advocate for R-5 Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 21.07.2025 ORAL 1. The short grievance projected by the petitioner in the instant petition is that upon death of her husband, namely, Noor Hussain during the course of his duties on 15.10.2012, the petitioner became entitled to receive all service and retiral benefits of her deceased husband notwithstanding the petitioner being the second wife of the deceased who had earlier divorced his first wife, namely, Shiba Bibi and thereafter contracted marriage with the petitioner and though all necessary requisite formalities came to be completed by the petitioner in this regard before the respondents, the respondents did not release the said retiral pensionary benefits in favour of the petitioner, compelling the petitioner to file the instant petition. 2. Objections to the petition have been filed by the respondents 1 to 4 wherein it is being admitted that the case of the petitioner for settlement and release of the pensionary benefits upon the death of her Serial No. 62 2 WP(C) No. 2684/2022 husband came to be received, processed and submitted to the office of respondent 5 herein initially on 17.12.2012 and subsequently on 02.02.2017, whereafter, a communication came to be received from respondent 5 herein for furnishing additional information which in turn came to be sought from the petitioner in terms of letter dated 22.03.2017 and same came to be furnished by the petitioner and consequently was forwarded by respondent 4 to respondent 5 vide letter dated 11.12.2018, whereafter, yet again respondent 5 vide letter dated 15.12.2022 sought the details of the divorce deed of the first wife of the deceased as also the details of the second wife of the deceased, which information consequently was sought from the petitioner as also the first wife of the deceased, but the petitioner did not furnish the said information to the answering respondents although the same was again sought in terms of reminder dated 31.12.2024, thus delaying the settlement of the pension case of the petitioner. 3. In the objections filed by respondent 5 to the petition, the stand taken by respondents 1 to 4 is being endorsed qua the forwarding of the case of the petitioner as also seeking of further information from time to time. It is being further stated in the reply that additional information was also sought from the petitioner through respondents 1 to 4 vide letter dated 15.12.2022 for enabling respondent 5 to settle the family pension case of the deceased as in terms of Rule 22 (Note-2) Schedule XV of J&K CSR, whereunder the family pension can be shared equally by all the widows if the second marriage is contracted by a Government servant after 5th February, 1971 with permission of 3 WP(C) No. 2684/2022 the competent authority and since the latest information sought in this regard from the petitioner was not furnished, as such, pension case in question remain unsettled. 4. While the matter was being considered today, the counsel for the petitioner, having regard to the stand taken by the respondents in their respective replies filed to the petition, would seek disposal of the petition at this stage in order to enable the petitioner to submit all necessary requisite documents sought by the respondents and also those which may be relevant for determining the pension case in question in order to enable the respondents to settle the same without any further delay. 5. The appearing counsels for the respondents are not averse to the submission of the counsel for the petitioner. 6. Having regard to the nature of controversy involved in the instant case inasmuch as the aforesaid submission of the appearing counsel for the parties, the instant petition is taken up for final disposal at this stage with consent of the appearing counsel for the parties and is disposed of by providing an opportunity to the petitioner to furnish all necessary requisite documents/papers/information that is required by the respondents for settling the pension case in question or any other paper/document or information that the petitioner may deem relevant, appropriate and significant for disposal of the said pension case in question. Let the petitioner do the aforesaid needful within four weeks’ time from the date of passing of this order, whereafter, the respondents 4 WP(C) No. 2684/2022 shall process and settle the case of the petitioner preferably within a period of six weeks thereafter in accordance with applicable law and rules. In the event respondents fail to carry out the aforesaid directions within the aforesaid time frame and without there being delay attributable to the petitioner, the respondents shall liable to pay the interest at the rate of 7% qua the pension in question in favour of the petitioner in the event the petitioner is found entitled to the same. 7. Disposed of. (JAVED IQBAL WANI) JUDGE Jammu 21.07.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.08.05 16:36 I attest to the accuracy and integrity of this document