SUSHILA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the widow of Laxmi Narain Dubey, who was employee in civil police.

(2.) The contention of the petitioner is that her husband has been transferred in the year 1973 in police station Chunar, district Mirzapur. Later on he has been transferred in Moradabad Training College and thereafter, in the year 1978 he has been transferred to Ballia and since then he is not traceable. The petitioner being wife claiming the family pension on the ground that in view of Section 108 of the Indian Evidence Act, 1872 (hereinafter referred to as the "Act") her husband is not traceable for more than seven years he is deemed to have died. When the claim of the petitioner has not been decided and the pension and other dues have not been paid, the present writ petition has been filed.

(3.) Counter affidavit has been filed by learned Standing Counsel. In para 11 of the counter affidavit it has been admitted that Sri Laxmi Narain Dubey was employee in the civil police. In para 11 it is admitted that as per the record he has been paid salary upto 14.06.1977. Some doubt has been raised on account of the date of birth of the son of Laxmi Narain Dubey, which was claimed to be 31.12.1983 while claiming compassionate appointment and, therefore, the petitioner has been asked to produce the order of the Court regarding the civil death.