STATE OF JAMMU AND KASHMIR Vs. BAL RAJ SHARMA
LAWS(SC)-1996-4-156
SUPREME COURT OF INDIA (FROM: JAMMU & KASHMIR)
Decided on April 18,1996

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
Bal Raj Sharma Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) This appeal by special leave arises from the order of the High court of Jammu and Kashmir dated 10/7/1992 made in Contempt Petition No. 2879 of 1991. The admitted position is that one Smt Melo Devi, a teacher, claimed her dues after her retirement. While the claims were under settlement, she filed a writ petition. Pending writ petition, she died. The son of Melo Devi, by name Bal Raj Sharma, was substituted as legal representative. When he was called upon to submit the claims, he had also set up the Will executed by his mother in favour of his son, viz. , the grandson of Melo Devi, as to his entitlement to Future pension. We are informed that the claims due on her retirement and the pension to which she was entitled as on the date of her demise were calculated and the amount was deposited in the court. The only question, therefore, is: whether her grandson is entitled to the family pension;


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