COMMISSIONER, NAGPUR MUNICIPAL CORPORATION Vs. LALITA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is an appeal preferred by the appellants assailing the judgment and order dtd. 18/7/2024, passed by the High Court in Writ Petition No. 913 of 2024. The High Court directed the appellants to issue an appointment order to respondent No.2, Shubham(son) on a suitable post, by treating the date of death of the father of respondent No.2, Gulab Mahagu Bawankule as 1/9/2012 i.e., the day on which he went missing.

(3.) The submission of learned counsel for the appellants is that the date on which the father of respondent No.2 went missing i.e. 1/9/2012, cannot be treated as the date of his death. In cases of civil death, a person will be presumed to be dead only if his whereabouts are not heard of for seven years from the date the person went missing. Therefore, the High Court manifestly erred in treating the date on which the father went missing as the date of his death. There is no evidence on record to prove the date of his death.