UNION OF INDIA, REPRESENTED BY ITS SECRETARY, TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI AND 3 OTHERS Vs. POLIMETLA MARY SAROJINI AND ANOTHER

JUDGEMENT

(1.) The Union of India has come up with the above writ petition challenging an order of the Central Administrative Tribunal, Hyderabad Bench, directing the payment of pensionary benefits and the family pension together with all consequential benefits to the 1st respondent herein, whose husband became untraceable and in respect of whom a presumption of death in terms of Sec. 108 of the Evidence Act was raised.

(2.) We have heard Mr. B. Narayana Reddy, learned Assistant Solicitor General of India for the petitioners and Mr. S. Seshagiri, learned counsel for the 1st respondent.

(3.) The 1st respondent's husband was employed as a Gestetner Operator in the office of the Assistant Collector of Central Excise, Eluru Division, Eluru. It appears that from 07-10-1992, he went on earned leave for 3 days. But upon the expiry of the leave, he did not report for duty on 10-10- 1992.