HIGH COURT OF JAMMU AND KASHMIR
Sanjeev Kumar, Sanjay Parihar, JJ
Sameena – Appellant
Versus
UT of J & K through Commissioner/Secretary, Law, Justice & Parliamentary Affairs – Respondent
ORDER
11.08.2025
1. This petition by one Sameena, W/o Late Sh. Amin who died in harness as Safaiwala of this Court on 11.11.2020 is directed against the Government Order No. 3456-LD (A) of 2019 dated 22.10.2019 to the extent it treats the regularization of the husband of the petitioner w.e.f. 24.06.2002 till 21.02.2014 on notional basis without payment of arrears.
2. The petitioner also seeks a direction to the respondents to settle the pension case of the deceased employee, treating him to be in regular service of this Court right from the year 2002.
3. The writ petition is contested by the respondents. Respondent No. 2 in its reply affidavit has taken a stand that the husband of the petitioner was granted notional benefit of regularization w.e.f. 24.06.2002 till 21.02.2014 without any monetary benefits and, therefore, while fixing salary in the year 2014, the husband of the petitioner was put under New Pension Scheme [“NPS”]. It is submitted that upon the death of the deceased employee, the case was referred to the Accountant General, J & K, Jammu for settlement of pension. The Accountant General, however, denied the pension on the ground that the cases of the employees who were othe
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