JAMMU: Next of kin (NoK) of a deceased District and Sessions Judge Sain Dass on Wednesday got justice after a long gap of more than one decade when Division Bench of State High Court comprising Chief Justice N Paul Vasantha Kumar and Justice Tashi Rabstan decided to modify an order of dismissal passed against the writ petitioner to that of compulsory retirement from the date when the writ petitioner had completed 58 years of age—that is December 12, 2003.
After hearing Adv K. K Pangotra for the petitioner, the DB observed that petitioner passed away during the pendency of the writ petition on March 31, 2013, and having regard to the affidavits filed by the LRs of the deceased writ petitioner namely, widow as well as daughter dated March 1, 2016 and the fact that the writ petitioner served in subordinate judiciary for about 30 years.
The Division Bench was of the view that the order of dismissal passed against the writ petitioner was too harsh and the same could be modified to that of compulsory retirement so that legal heirs l get the retirement benefits, arrears of pension from the date of retirement to the date of death and family pension from the date of the death.
The former District and Sessions Judge had filed a petition challenging his dismissal but before he could earn justice he passed away on March 31, 2013.
The DB also stated that the retirement benefits, arrears of pension payable to the deceased writ petitioner, family pension payable to the widow etc. shall be calculated and paid to the legal representatives of the writ petitioner within a period of three months from the date of receipt of copy of