SIMA DEVI Vs. SENIOR SUPERINTENDENT OF POLICE JHANSI

JUDGEMENT

(1.) THE petitioner has filed this writ petition seeking direction to give appointment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying -in -Harness Rules, 1974 known as Rule 1974' hereinafter in place of her husband treating to have been died in the course of service.

(2.) HEARD learned Counsel for the petitioner as well as learned Standing Counsel for the State.

(3.) LEARNED Counsel for the petitioner has referred Section 108 of 'The Indian Evidence Act, 1872'. The Section 108 is given as below : 108. Burden of proving that person is alive who has not been heard of for seven year. -[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is the person who affirms it.