RUNA DEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Additional Government Advocate Xerox copy of the judgment passed in the suit produced in Court be kept on record.

(2.) In this writ petition, the petitioner have challenged the order dated 14.5.2014 passed by the learned Civil Judge (Senior Division) Deogarh in Civil Suit No. 26 of 2012 rejecting their application under Order 6, Rule 17 read with Sections 151 and 152 of the Code of Civil Procedure for amendment of the plaint.

(3.) The petitioners are the widow and minor children of the one 'Tanu Patra @ Tuna Patra'. They have filed the suit under Section 34 of the Specific Relief Act as the husband of plaintiff No. 1 has been missing since more than seven years. He was serving as a senior Clerk in Life Insurance Corporation of India, Angul Branch. On 12.1.2004 he had been to Divisional Office of Life Insurance Corporation of India, Cuttack on official work and did not return to his house. The plaintiff in the suit seeks declaration of status and consequential relief i.e., the service benefit of the said employee entitled to by the family members. The Divisional Manager and Branch Manager of Life Insurance Corporation of India, Cuttack Division and Angul Branch were impleaded as defendant Nos. 4 and 5. The suit was contested by them by filing written statement. The contested defendants denied the fact that on 12.1.2014. 'Tanu Patra' had not gone to Cuttack on official work. He was absent unauthorisedly from the Branch Office since 3.12.2003. Due to his long unauthorized absent, departmental proceeding was initiated against him and as the registered letter issued to him returned undelivered with remark "long absent", he was removed from service vide order dated 10.3.2005.