KRISHNA DEVI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The petitioner herein is seeking grant of death-cum- retiral benefits from the date of missing of her husband i.e. 30.06.2001 after presuming the death of her husband namely Om Parkash as the statutory period of seven years has since lapsed.

(2.) The husband of the petitioner Om Parkash was serving with the respondent as Peon and was posted at Central Bank of India Branch at VPO Bhagvai, Tehsil Charkhi Dadri, District Bhiwani. On 30.06.2001, the husband of the petitioner in the evening went out of the house for some work but did not came back. The petitioner and and her relative as well family member of the husband tried their level best to search and locate her husband till 19.07.2001 but neither my husband returned home himself nor he could be traced or located by them. Then, the petitioner reported the matter to the police on 19.07.2001 at 11.40 am vide report No. 10 at Police Station Charkhi Dadri.

(3.) Learned counsel for the petitioner contended that after completion of seven years of the missing of the petitioner husband, the petitioner is entitled for all the retiral benefits admissible to her husband who is presumed to be dead after expiry of seven years from the date he is missing i.e. from 30.06.2001 and the action of the respondents in not releasing the retiral benefits of the husband of the petitioner is illegal, unjust, arbitrary.