Muzaffar Hussain Attar, J.

Brother of petitioner was working as Accountant in the respondent Department. Allegation against him was that he un-authorisedly remained absent from duty from 08th August, 1997 to 20th December, 2004, the day he died. The petitioner filed the writ petition bearing SWP NO: 1333/2009, praying therein that respondents be directed to pay the service benefits to the petitioner, being the brother of the deceased employee. The writ petition was disposed of by the Court vide order dated 31.01.2011, directing the respondents to settle the service benefits as would be available to the petitioner in accordance with service rules applicable. The respondent-Director General, Accounts and Treasuries, J&K Government vide Order No. 168-Scctts of 2011 dated 08th December, 2011 ordered for treating the period with effect from 08th August, 1997 to 20th December, 2004 as Dies-non in terms of Article 163 of J&K Civil Services Regulations Vol-II. It is this order, which is called in question in this writ petition.

2. Learned counsel for the petitioner submitted that a show cause notice was issued to the deceased employee, same was responded and reply was filed stating therein t

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