PHOOLI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner Phooli Devi Wife of Nanga Ram Meena and Roshan Lal Meena son of Shri nanga Ram Meena with the prayer that the petitioners are entitled to all pensionary benefits including GPF, Insurance etc. payable to Nanag Ram Meena with the further prayer that the petitioner No. 2 is also entitled to appointment on compassionate ground because of the death of Nanag Ram Meena while in service.

(2.) THE facts are that one Nanag Ram Meena was working as Chowkidar on temporary basis since 1. 5. 1970 and was made permanent in the year 1972. He continued to work with the respondent till 2. 4. 1986 but vanished w. e. f. 3. 4. 1986. He had put in about 15 years of service. A public notice was issued in the news paper `daily Navjyoti' no 11. 10. 1987 asking the said Nanag Ram meena to present himself in the office and again further notice were issued on 22. 3. 1988 for the same direction. According to the petitioner said nanag Ram Meena is un-traceable since April 1986 and he has not been heard or traced ever since. After about 10 years of such dis-appearance of this husband of the petitioner No. 1, she applied to the department that said Nanag Ram Meena is presumed to be dead and that she be given the appointment in place of her husband on compassionate ground under the Recruitment to the Government Servants (Dying While in Service) Rules. Even a demand notice was issued for granting the family pension, arrears of salary of the husband etc. etc. Her son has also become major on 24. 7. 2000. Ultimately, finding no response the present petition has been filed for the reliefs mentioned therein.

(3.) THE action of the respondent cannot be appreciated to terminate the services of Nanag Ram Meena in 2001 when the petitioner had started giving demand notices for employment of her son when he had attained the age of majority. Such termination of a person who is presumed to be dead after 7 years from April 1986 has no meaning what-so-ever. No charge-sheet can be issued to a dead person, nor his services can be terminated. Any order passed of termination of services of said Nanag Ram Meena had no relevancy in the present circumstances as the date to be taken for awarding the retiral benefits is April 1986.