PRAMILA PANDIT SAGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) P. R. BORKAR, J. This is a petition filed by the present petitioner dissatisfied with the order passed by the Maharashtra Administrative Tribunal, mumbai, Bench at Aurangabad in Original Application No. 226 of 1998, decided on 9-7-2001, whereby it was held that the husband of petitioner Pandit Sagat is presumed to be dead as he had been missing for more than seven years, as per sections 107 and 108 of the Evidence Act and the Departmental Inquiry held against said Pandit Sagat and consequent order of dismissal was illegal, but the petitioner is not entitled to family pension but she would be entitled to extraordinary family pension which claim may be considered by the respondents. By this petition the petitioner challenges the refusal to grant family pension to her.

(2.) Brief facts giving rise to this petition are stated thus :-The petitioner's husband Pandit Sagat had disappeared on or about 16-1-1983 and since then his whereabouts were not known to any one. Prior to that he was arrested by police of the City Police Station, Aurangabad in connection with a theft. He was thereafter released on bail but he did not return home and was missing. The petitioner has six children, so she went to the office of respondent no. 3 seeking for her family pension and appointment on compassionate ground. She was approaching the authorities from time to time. On 14-1-1997 the authorities issued charge-sheet against Pandit Sagat and Inquiry Officer was also appointed. Inquiry was initiated against Pandit Sagat and it was completed ex parte as Pandit Sagat could not be personally served with notice and was absent. Ultimately the order of dismissal was passed in the Departmental Inquiry. That order was passed in July, 1997. The appeal/representation filed by the petitioner against said order was also dismissed on 26-12-1997. The petitioner's prayer for pension and/or for grant of compassionate appointment was also rejected on 20-10-1997. Being aggrieved by those orders the petitioner filed the Original application No. 226 of 1998 in the Maharashtra Administrative Tribunal.

(3.) As stated earlier, the Tribunal by its order dated 9th July, 2001 has held that as in view of the provisions of law Pandit Sagat could be presumed to be dead in or about 1990 and, therefore, the Departmental Inquiry held in 1997 and consequent dismissal order was illegal and same was set aside.