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2026 DAILYLAW 643 (JK)

MUMTAZA MAJEED AND OTHERS v. UNION OF INDIA (MINISTRY OF DEFENCE) AND OTHERS

LPA/44/2026 · 2026-04-09

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2026

Judgment text

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Serial No. 07 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 44/2026 in[WP(C) 881/2021] MUMTAZA MAJEED AND OTHERS … Appellant(s) Through: Mr. Gulzar Ahmad Bhat, Advocate Vs. UNION OF INDIA AND OTHERS ...Respondent(s) Through: Mr. T.M. Shamsi, DSGI with Mr. Faizan Majeed, CGC Mr. Q.R. Shamas, Advocate Mr. Khan Sameer, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDE R 09.04.2026 1. Impugned in this Letter Patent Appeal, filed by the appellants under Clause 12 of the Letter Patent, is an interlocutory order dated 24th February, 2026 passed by the learned Single Judge of this Court [“the writ Court”] in WP(C) No. 881/2021 titled “Mahroofa Akhter & Ors Vs. Union of India & Ors.”, whereby the writ Court has modified its previous order dated 30th April, 2021 and directed the official respondents to release the pensionary benefits of the deceased in favour of the writ petitioners as well as the private respondents 7 to 10 in the writ petition in equal proportions, subject to furnishing of an undertaking by them before the Registrar Judicial of this Court to the effect that, in the event either of the party fails in the petition, they shall reimburse the said amount with interest. 2. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that it would serve the ends of justice if the order dated 24.02.2026 is modified in the following manner, to which the appearing parties have also agreed: Arif Hameed I attest to the accuracy and authenticity of this document 15.04.26 a. That, till the writ petition is taken up for consideration, the official respondents shall divide all the pensionary benefits of the deceased into three equal parts. One part of pensionary benefits shall be released in favour of the writ petitioners and one part in favour of the respondents 7 to 10 in the writ petition. The third part of the pensionary benefits of the deceased shall be kept withheld and shall remain with the official respondents to be invested in Fixed Deposit Receipts (FDR) in a Bank initially for a period of one year. b. We, however, provide that the third part, which is directed to be withheld by the official respondents, shall be disbursed as per the directions which are ultimately and finally passed by the writ Court upon determination of the controversy raised in the writ petition. 3. Needless to say that the disbursement of the first two parts of the pensionary benefits in favour of the writ petitioners as well as the pvt. respondents shall be strictly as per the rules and regulations of the Army. 4. Disposed of. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 09.04.2026 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 15.04.26