BHOLI RAM SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioners with the following prayers;

(2.) From the material on record, it is transpired that the present petitioners are the legal representatives of Bholi Ram Saini (hereinafter to be referred as "employee"). As alleged in the writ petition, the employee was initially appointed as Beldar on 14/7/1978 in the office of Executive Engineer, Irrigation Department, Bharatpur and after completion of ten years of regular service was confirmed on the said post w.e.f. 1/4/1994. After some time, on having been declared surplus, his services were transferred and he was absorbed in the office of Director, Samekit Bal Vikas Sewaye i.e. the respondents no.1 & 2 herein, under whose orders, the employee was transferred to Bal Vikas Pariyojana, Thanagaji, District, Alwar and as per the information of the present petitioners, the employee lastly went to join his duty at Thanagaji on 24/3/2011, where the petitioner no.1/2 Rakesh Kumar Saini (son of the employee), went to meet him but he did not find his father there. The date of attaining the age of superannuation of the employee has been determined by the department as 28/2/2017. The petitioenrs have also lodged an FIR No.141/2013 at Police Station Thanagaji, Alwar, which though contains certain allegations against official of the department but at the same time relates to missing of the employee also. The present petitioners who are the legal representatives of the employee have approached this Court for release of retiral benefits including gratuity, encashment of earned leave, payment of State Insurance, GPF etc., and pension in their favour, on the strength of the provisions of Sec. 108 Evidence Act, which provides for a presumption to be drawn of a person of being dead, if he is unheard of for seven years.

(3.) Reply to the writ petition has been filed by the respondents, which in its entirety only raises objection to certain averments made in the writ petition with regard to corrections in the date of birth of the employee or certain other numerics but basically don't rebut about the factum of missing/unheard of the employee for seven years.