Accrued monetary and retiral benefits survive an employee's death and must be released to legal heirs.

The Original Applicant, late Dr. Rajendra Mishra, was appointed as a Lecturer at the University of Jammu in 1992 and sought promotion to Professor under the Career Advancement Scheme (CAS) effective from 04.08.2009

Although the High Court of Jammu & Kashmir directed the University to consider his claim from the 2009 date, the University initially promoted him only from 04.11.2015

Following the dismissal of the University’s appeal by the Division Bench, the University eventually issued an order on 02.07.2024 backdating his promotion to 04.08.2009

Prior to this correction, the University appointed Respondent No. 6 as Dean, which the applicant challenged as a violation of his seniority

During the pendency of these proceedings, Dr. Mishra passed away, leading his legal heirs to substitute themselves to pursue monetary and terminal benefits

1. Whether the claim for actual appointment to administrative/academic posts (Dean/Head of Department) survives the death of the original applicant

2. Whether the legal heirs are entitled to retrospective monetary benefits, pay fixation, and revised pensionary dues resulting from the backdated promotion

3. Whether the pendency of a Special Leave Petition (SLP) before the Supreme Court, without an interim stay, prevents the implementation of the High Court's directions

The Tribunal applied Section 19 of the Administrative Tribunals Act, 1985

The Tribunal applied the principle that while personal rights to hold a specific post or assignment do not survive an employee's death, accrued monetary and service benefits constitute "estate" and survive for the benefit of legal heirs

The Tribunal further applied the doctrine that mere pendency of an appeal (SLP) in a higher court does not operate as a stay on the lower court's judgment unless specifically ordered by the superior court

The Tribunal reasoned that because the University had already issued the order dated 02.07.2024 granting the applicant promotion effective from 04.08.2009, his entitlement to that rank is no longer in dispute

Regarding the assignments of Dean and Head of Department, the Tribunal found these to be personal academic assignments that became infructuous upon Dr. Mishra's death

the court emphasized that the financial consequences of the 2009 promotion—including pay scales, arrears, and terminal benefits—accrued during his lifetime and must be settled

It rejected the University’s contention regarding the pending SLP, noting that in the absence of a stay from the Supreme Court, the University is bound to implement the corrected seniority for monetary purposes

The respondents were directed to treat Dr. Mishra as a Professor effective from 04.08.2009 and notionally fix his seniority for calculating pay arrears, revised gratuity, leave encashment, and family pension. The University must complete this exercise within 12 weeks and release funds within 8 weeks thereafter, failing which a 6% per annum interest rate will apply. The related contempt petitions (CP 349/2024 & CP 369/2024) were closed in light of the applicant's death and the positive directions issued