VIMAL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner's father disappeared somewhere in the year 1983 and since thereafter the petitioner is running from pillar to post submitting that there is a legal presumption of civil death of the person, who has not been heard by the persons who should know his whereabouts within a period of 7 years, therefore, the petitioner would be entitled to appointment on compassionate ground. On an earlier occasion, the petitioner came to this Court in CWJC No. 998 of 1999 which was disposed of on 18.12.2000; the Court refused to interfere in the matter but, however, observed that no FIR was lodged after the employee became traceless and that the authorities were asking the petitioner to produce the succession certificate in that regard. The Court also observed that no specific orders can be passed but if the petitioner obtairs such succession certificate then he may approach the authority, who will pass a reasoned order thereon. The petitioner thereafter relying upon the wisdom of the respondents in demanding the succession certificate filed succession case No. 49 of 1999 on 28.9.1999. The case was decided in favour of the petitioners/successors and a succession certificate was issued on 20.8.2001. The petitioner thereafter again made an application to the Department submitting therein that in accordance with the requirement the succession certificate has been obtained by him, therefore, his entitlement be decided. The District Education Officer made certa commendations to the Establishment Deputy Collector. The application of the petitioner was taken up for consideration in the District Establishment Committee on 14.6.2003 and the same was rejected in accordance with the directions of the State Government. The order contained in Annexure-7 does not say that what were the directions of the State Government and what were the considerations.

(3.) Learned counsel for the petitioner submits that in accordance with law there is a presumption under Section 108 of the Evidence Act that if a person is not heard for 7 years by those who must know about his whereabouts then there would be a presumption of civil death but the presumption would become effective from the date when such declaration is made by a competent Court or from a date when a lis is brought before the Court. He submits that the presumption would arise only on 28th September, 1999 or on 20th August, 2001 and as on these dates the petitioner was a major he is entitled to appointment.