Jammu and Kashmir High Court
WP(C)/1787/2024 of SARA BEGUM Vs UNION TERRITORY OF J AND K AND ORS. (POWER DEVELOPMENT CORPORATION LIMITED) on 31 August 2026
No. 43 Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1787/2024 CM(4829/2024) SARA BEGUM …Appellant(s)/Petitioners(s) Through: Mr. M.A. Wani, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. (POWER DEVELOPMENT CORPORATION LIMITED) ...Respondent(s) Through: Mr.
Serial No. 43
Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1787/2024 CM(4829/2024)
SARA BEGUM
…Appellant(s)/Petitioners(s)
Through:
Mr. M.A. Wani, Advocate
Vs.
UNION TERRITORY OF J AND K AND
ORS.
(POWER
DEVELOPMENT
CORPORATION LIMITED)
...Respondent(s)
Through: Mr. Shahbaz Sikander, AAG for R-1-4
Ms. Rahila, Advocate for R-5
CORAM:
HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
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ORDER
31.08.2026.
In terms of the preemptive order dated 10.08.2026, right of the respondents to file reply stands closed. Petitioner has invoked writ jurisdiction of this court for commanding the respondents to release the gratuity in her favour in the light of Succession Certificate issued by learned Principal District Judge, Kupwara on 30.03.2016. Case of the petitioner is that her father, namely Habibullah Mir was working in the Electric Department. He had two daughters. Petitioner was Khananishin daughter with respect to which a document came to be executed by her father in the year 1995 and her sister relinquished her rights in her favour. It is contention of the petitioner that she along with her husband and family members were dependant on the earnings of her deceased father who while working as a Lineman in the Sub Transmission Division Sopore, died in harness on 24.08.2014.
The petitioner approached learned Principal District Judge, Kupwara for the issuance of Succession Certificate, which came to be issued in her favour on 30.03.2016, whereby she was empowered to collect G.P. Fund amounting to Rs. 4,00,000/-, Leave Salary amounting to Rs. 2,08,000/-, Gratuity amounting to Rs. 2,50,000/- i.e., total Rs. 8,58,000/-. The only grievance of the petitioner is that she produced Succession Certificate before the respondents in the year 2016, though GP Fund and leave salary were released in her favour but gratuity has not been released till date. Since respondents have failed to file reply to the claim of the petitioner and Succession Certificate came to be issued in her favour by the competent court, present petition is allowed and respondents are directed to release gratuity amounting to Rs. 2,50,000/- in favour of the petitioner along with interest @ Rs. 7.5% per annum from the date it became due till date within a period of four weeks from the date copy of this order is made available. Disposed of along with connected CMs.
(RAJESH SEKHRI)
JUDGE
Srinagar: 31.08.2026. Misba