CAT - Jammu

Compromise deed between wives and children regarding pension and SRO 43 benefits is upheld.

O.A. No. 61 /707 & 1032 & 1768 /2025

CAT - Jammu2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The dispute concerns pensionary benefits and appointment under SRO 43 following the death of Mohd. Sharief on June 19, 2017, who was serving as a Senior Pharmacist in the Animal Husbandry Department.

Source reference: p.5

Three distinct Original Applications were filed: O.A. No. 707/2025 by Anjum Ara (first wife), O.A. No. 1032/2025 by Shayesta Begum (second wife), and O.A. No. 1768/2025 by Uzma Parveen and Nighat Parveen (daughters).

Source reference: p.1-3

Anjum Ara sought family pension and arrears as the first wife.

Source reference: p.4

Shayesta Begum sought the release of her family pension which was stopped and arrears.

Source reference: p.4

Uzma Parveen and Nighat Parveen sought 50% salary.

Source reference: p.4-5

The parties subsequently executed a compromise deed dated February 26, 2026, in the presence of their advocates.

Source reference: p.5
02

Issues

Whether the compromise deed executed between the parties regarding the distribution of pensionary benefits and SRO 43 appointment benefits should be accepted by the Tribunal.

Source reference: p.5-6

Whether the family pension should be paid exclusively to Shayesta Begum, the second wife, along with arrears, as per the compromise deed.

Source reference: p.5-6

Whether the son of the first wife, Idrees Bhat, should continue to enjoy the benefits of appointment under SRO 43, as per the compromise deed.

Source reference: p.5-6
03

Law Applied

The court applied the principles of settling disputes through mutual compromise agreements.

Source reference: p.5-6

While not explicitly stated, the Tribunal's acceptance of the compromise deed implies an application of the general legal principle that courts can recognize and enforce valid agreements reached between parties, especially in family or inheritance-related disputes, to ensure finality and amicable resolution.

Source reference: no citation

The benefits under SRO 43/1994 refer to compassionate appointment rules.

Source reference: p.5
04

Reasoning

The Tribunal noted that the parties had placed on record a compromise deed dated February 26, 2026, which was executed between them in the presence of their respective advocates.

Source reference: p.5

The terms of this deed were clear: the son of the first wife, Idrees Bhat, who was appointed under SRO 43/1994, would retain his service benefits, and none of the other parties would have a claim over them.

Source reference: p.5

Furthermore, the second wife, Shayesta Begum, was granted exclusive right and entitlement over the family pension, including pending arrears, which she had been receiving since 2017 under PPO No. 141760302.

Source reference: p.5

The court found this compromise deed acceptable and decided to dispose of the petitions accordingly.

Source reference: p.6
05

Holding

The Tribunal accepted the compromise deed dated February 26, 2026, and disposed of the petitions in its terms.

It directed the respondent to continue the payment of family pension to Shayesta Begum, the second wife, forthwith.

Source reference: p.6

The respondent was also directed to pay all arrears of family pension to Shayesta Begum, from the date it was stopped, within twelve weeks from March 05, 2026.

Source reference: p.6

Finally, it was held that the son of the first wife shall continue to enjoy the benefits of compassionate appointment under SRO 43.

Source reference: p.6
CAT - Jammu

Original Court PDF

O.A. No. 61 /707 & 1032 & 1768 /2025

CAT - Jammu

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment