CAT - Jammu

Family pension resolved by compromise: second wife receives pension, son of first wife retains SRO-43 appointment.

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

CAT - JammuJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The dispute concerns pensionary benefits and appointments 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 original applications were filed.

Source reference: no citation

Anjum Ara, the first wife, filed O.A. No. 707/2025 seeking family pension and arrears.

Source reference: p.4

Shayesta Begum, the second wife, filed O.A. No. 1032/2025 challenging the stoppage of her family pension and seeking its release along with arrears.

Source reference: p.4

Uzma Parveen and Nighat Parveen filed O.A. No. 1768/2025 seeking a deduction of 50% salary.

Source reference: p.4-5

A compromise deed dated February 26, 2026, was executed between the parties in the presence of their respective advocates.

Source reference: p.5
02

Issues

Whether the son of the first wife (Anjum Ara), Idrees Bhat, appointed under SRO 43/1994, should continue to receive the benefits of the said appointment.

Source reference: p.5

Whether the second wife, Shayesta Begum, should have the exclusive right and entitlement over the family pension due to the deceased husband, including pending arrears.

Source reference: p.5
03

Law Applied

The court based its decision on a compromise deed dated February 26, 2026, voluntarily entered into between the parties involved in the dispute.

Source reference: p.5

This deed outlined specific agreements regarding the distribution of benefits related to compassionate appointment under SRO 43/1994 and family pension.

Source reference: p.5

The tribunal's role was to record and enforce the terms of this agreed-upon settlement.

Source reference: no citation
04

Reasoning

The court's reasoning was entirely based on the compromise deed executed by all parties on February 26, 2026.

Source reference: p.5-6

The deed explicitly stated that Idrees Bhat, son of the first wife, would continue to receive benefits under SRO 43/1994, and no other party would claim these benefits.

Source reference: p.5

It also stipulated that Shayesta Begum, the second wife, would have the exclusive right over the family pension and its arrears, which she had been receiving since 2017 under PPO No. 141760302.

Source reference: p.5

By taking the compromise deed on record, the court effectively adopted its terms as the judicial resolution for the three interconnected applications.

Source reference: p.6
05

Holding

The petition was disposed of in terms of the compromise deed.

The court directed the respondents to continue the payment of family pension to Shayesta Begum, the second wife, forthwith.

Source reference: p.6

The respondents were also directed to pay all arrears of family pension to Shayesta Begum, from the date it was stopped, within twelve weeks from March 5, 2026.

Source reference: p.6

Furthermore, the court 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

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

CAT - Jammu · no citation

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