MAHAMAYA DHAR (SMT.) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) With the consent of the parties we proceed to decide the appeal itself finally dispensing with filing of paper books and other formalities required to be observed under the Rules of this Court and treating the appeal as on day's list for hearing.

(2.) This appeal is directed against the judgment dated 18th May, 1995 passed by a learned Single Judge disposing of the writ applications filed by the appellant. The appellant is the mother of one Subrata Kumar Dhar who was an employee in the Food and Supplies Department, Government of West Bengal. It is alleged that the said Subrata Kumar Dhar has been missing since 1985. Under such circumstances, Smt. Mahamaya Dhar mother of Subrata Kumar Dhar submitted an application to the department for giving appointment to her second son, Ashis Kumar Dhar on compassionate ground. It is alleged that since no order was being passed on the said representation of Smt. Mahamaya Dhar, the appellant Mahamaya Dhar filed a writ petition under Art. 226 of the Constitution of issuing direction to the respondents to consider the said representation as well as to give employment to her second son, Ashis Kumar Dhar on compassionate ground. The learned single judge was of the view that the brother is not the dependent of Subrata Kumar Dhar who was ai employment of Food and Supplies Department, Government of West Bengal and as such Shri Ashis Kumar Dhar brother of Subrata Kumar Dhar was not entitled to any employment under the relevant scheme. The learned Single Judge, however, was of the view that if a person is not heard for more than seven years, in terms of Sec. 108 of the Evidence Act he may be presumed to be dead and in that view of the matter the respondents may consider the case of mother of the missing employee for appointment on compassionate ground.

(3.) Aggrieved, the appellant has come up in appeal before us.