STATE OF MADHYA PRADESH Vs. SHRIMATI KIRAN SENGAR

JUDGEMENT

(1.) THIS petition is filed by the State of M. P. challenging the order dated 26/11/2001 passed by the M. P. State Administrative Tribunal, Gwalior in D. A. No. 654/95.

(2.) BRIEF facts of the case are that respondent No. 1 Shrimati Kiran Sengar is the wife of B. S. Sengar. Shri Sengar was a Sales Tax Inspector. He was facing a departmental enquiry since long. He is missing since 20/10/1983 and his whereabouts were not known. An application was filed alleging that the husband of respondent No. l is dead on the basis of presumption under Section 108 of the Evidence Act which provides for the presumption about death of a person if 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 on the person who affirms it.

(3.) THUS, according to respondent No. 1 it is presumed that her husband is dead as he has not been heard of by her or any of her relatives, and therefore, she is entitled to family pension. It is also stated that petitioners have already paid G. P. F. on the basis of succession certificate obtained by her.