STATE OF M.P. Vs. KIRAN SENGAR

JUDGEMENT

(1.) THIS petition is filed by the State of M.P. challenging the order dated 2611-2001 passed by the M.P. State Administrative Tribunal, Gwalior in O.A. No. 654 of 1995.

(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. 1 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.) THE application was opposed by the State Government on the ground that service of B.S. Sengar was terminated after departmental enquiry on 8-4-1988 and once services of an employee are terminated, then he is not entitled to pension and his widow is not entitled to family pension. The order of termination dated 8-4-1988 was challenged by Shrimati Kiran Sengar on the ground that it was passed against a dead person. According to her, her husband disappeared in the year 1983 and therefore, it should be presumed that he died in the year 1984, i.e. one year after his disappearance as per the circulars issued by the Government.