RAVI SHANKAR TEWARI Vs. POLICE MAHA NIDESHAK

JUDGEMENT

(1.) By means of this writ petition, under Article 226 of the Constitution, it is prayed that the order dated 20.8.1996, Annexure-8 to the writ petition, be quashed and the respondents be directed to appoint the petitioner under the U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as 'the Rules of 1974').

(2.) Heard Sri A.K. Tewari, learned Counsel for the petitioner as well as learned Standing Counsel on behalf of the respondents.

(3.) Sri Ganga Prasad Tewari, employed as Constable (No. 1809) in Civil Police, was posted at South Malaka Police Station, Kotwali, district Allahabad. He was found missing from 16.10.1985 onwards. His family members were informed of the said fact on 23.12.1985. Retiral benefits were allowed to the family of Sri Ganga Prasad Tewari in the year 1991 treating him to be dead. The petitioner, who is son of Sri Ganga Prasad Tewari applied for appointment under the Rules of 1974 on compassionate ground. It is alleged that since Ganga Prasad Tewari, father of the petitioner has not been seen alive since 16.10.1985, after the expiry of period of seven years a presumption has to be drawn in view of the provisions of Section 108 of the Evidence Act that he has died and therefore, treating him to be dead, the petitioner is entitled to be appointed under the Rules of 1974 as one of the dependents of late Ganga Prasad Tewari. The petitioner made a number of representations, time and again, to the respondents, but they were not attended to. It was only on 6.2.1996 that the respondent No. 4 required the petitioner to file certain documents and to complete the formalities. The petitioner was medically examined and he was physically found fit. All the requisite formalities were compiled but no appointment was forthcoming. Therefore, the petitioner made a representation again on 6.8.1996 in reply to which the impugned order dated 20.8.1996 was passed intimating the petitioner that there is no provision under the Rules of 1974 and the Government Orders for appointment of a dependant of an employee who was found missing and was not physically dead.