SANTOSH DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner is seeking an appropriate writ, order or direction to consider her case for grant of pension as also for grant of arrears of pension since her entitlement i. e. 4. 6. 1997 with interest at the rate of 18% p. a. The petitioner has also claimed other retrial benefits and appointment on the post of Peon under the Rajasthan Recruitment of Dependents of Government Servants (Dying while in service) Rules, 1996 (in short `the Rules of 1996' ).

(2.) THE facts, in brief, of the case, as per the petitioner are that her husband Radha Krishan Vaishnav was discharging his duties as LDC in Govt. Secondary School. Dumoli Khurd, Panchayat Samiti Buhana, Distt. Jhunjhunu from 10. 10. 1987. He continued to work with the respondents upto 4. 6. 1990 and from 4. 6. 1990 nothing has been heard about his whereabouts. A public notice was also issued by the Education Department in the newspaper asking the said Radha Krishn Vaishnav to present himself in the office but he did not turn up. THE petitioner also lodged an FIR on 21. 11. 2000 but during investigation also, husband of the petitioner could not be traced out. Since husband of the petitioner has not been heard for more than seven years, the presumption may be drawn under Section 108 of the Indian Evidence Act (in short the `act') that husband of the petitioner is presumed to be dead and therefore, the petitioner is entitled to pensionary benefits. Petitioner has also submitted the certificate of Sarpanch, Gram Panchayat Dumoli Khurd Via Singhana, Tehsil Buhana, Distt. Jhunjhunu that her husband is missing since long. Petitioner has also submitted certificate of the Headmaster to the above effect.

(3.) HEARD counsel for the parties, perused record of the writ petition and further considered rival submissions of the counsel.