MANOHAR KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioners seek quashing of order Annex. 1 dated 10. 7. 1990 terminating the services of Govt. employee Narain Singh, husband of petitioner No. 1 and father of petitioner No. 2; to release family pension, death-cum- gratuity benefits and all the service benefits of Narain Singh who said to have been disappeared while in service and nothing has been heard of him for more than seven years and to give compassionate appointment to the petitioner No. 2 assuming that his father Narain Singh Govt. servant died while in service.

(2.) I have heard learned counsel for the parties.

(3.) IN Smt. Phooli Devi vs. State of Rajasthan (supra) the husband of the petitioner Nanag Ram Meena who was working as Chokidar vanished while on duty w. e. f. 3. 4. 1986 after putting in about 15 years of service. A notice was issued in the news papers "daily Navjyoti" on 11. 10. 1987 asking him to present himself in the office. The said employee was untraceable since 1986 and has not been heard or traced ever since. After about 10 years of such dis-appearance, his wife petitioner No. 1 therein applied to the department that she be given appointment in place of her husband on compassionate ground under the Recruitment to the Government Servants (Dying While in Service) Rules and also claimed family pension, arrears of salary of the husband etc. as also an employment to her son who became major on 24. 7. 2000. This Court held that the action of the respondents cannot be appreciated to terminate the services of Nanag Ram 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.