RAJIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Father of the petitioner has been traceless since 23.9.2005. On account of his being traceless, wife of the government servant, namely Vijay Kumar, made an application on 29.1.2013 before the authorities requesting for payment of the dues of the deceased which she would be entitled to on account of death of the traceless employee (husband). The claim was based on the fact of civil death of the deceased employee having occurred seven years after he became traceless. In the said letter the wife has also requested the authorities to offer appointment on account of death of the employee in harness as civil death had occurred while her husband was still in service. The Commandant has recommended/forwarded the application to the Compassionate Committee for consideration.

(2.) The Compassionate Committee has taken note of the fact that the application has been received after more than five years from the date on which the deceased employee became traceless. The authorities, however, have overlooked the fact that the right to claim benefit treating the employee to be deceased would accrue only after lapse of seven years from his becoming traceless. Prior to that the petitioner or his mother could not have made any assertion or claim deeming him to have suffered a civil death, as presumption of civil death arises only upon completion of seven years on account of employee being traceless.

(3.) The Compassionate Committee however, in view of the provisions contained in the scheme for compassionate appointment requiring the application to be made within five years, has sought guidance from the General Administration Department as to what has to be done on the application of the petitioner which has been received more than five years after the employee became traceless.