JUDGMENT :

1. The petitioner is aggrieved and has assailed the order of University of Kashmir (hereinafter "respondent-University") issued by its Assistant Registrar Administration bearing No. F.451.Pen.WH-Adm-TW/KU/18/5718, dated 28th August, 2018, whereby the monthly pension drawn by the petitioner has been withdrawn with immediate effect in terms of Article 168 of the J&K Civil Service Regulations.

2. The impugned order is assailed by the petitioner on the ground that the pension of the petition has been withdrawn in terms of Article 168 of J&K Civil Service Regulations by treating the petitioner as having been convicted of serious offence whereas the fact remains that the petitioner is in appeal against his conviction before this Court and, therefore, he is deemed to be an under-trial and not convict. This is the short submission made by Mr. Z.A. Qureshi, learned Senior Counsel appearing for the petitioner.

3. The stand of the respondent, as can be culled out from the reply affidavit filed by the Registrar of the respondent-University, is that the petitioner has been convicted of serious offences for which he has been sentenced for a term exceeding twenty years and, therefore, in