ANANDI DEVI Vs. STATE

JUDGEMENT

(1.) This writ petition has been directed against the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur dated 31.10.2000 whereby, the appeal of the petitioner filed by her for giving her pensionary benefits, was dismissed.

(2.) The present writ petition has been filed with the prayer to quash and set -aside the order of the learned Tribunal dated 31.10.2000 and also direct the respondents to declare her husband as presumed to be dead under Ss. 107 and 108 of the Indian Evidence Act, 1872 and she may be allowed family pension w.e.f. 23.6.1967 i.e. the date of disappearance of her husband till date under the Rajasthan Service Rules, 1951 - Chapter 23 -A together with interest @ 12% p.a. from the date of its accrual with the further prayer to direct the respondents to allow gratuity to her along with interest @ 12% p.a. From the date of accrual to pendent lite calculating the same for the period 25.3.1956 to 23.6.1967 for a period of 11 years.

(3.) Facts in brief as unfolded in the writ petition are that the petitioner's husband Shri Madan Lal Sharma was initially appointed on the post of Vaidya in Ayurved Department, Government of Rajasthan, Ajmer. He joined his duties on the above post on 25.3.1956 at Ayurved Hospital, Isroda, District Alwar. Shri Madan Lal Sharma disappeared during service on 23.6.1967 from his place of posting. When for a long time, whereabouts of Shri Madan Lal Sharma could not be known to the petitioner, petitioner applied to the Sarpanch, Gram Panchayat, Savarda, Panchayat Samiti, Dudu, Pursuant therefore, Sarpanch and Assistant Collector and Executive Magistrate, Jaipur issued certificates dated 26.6.1979 and 3.3.1981, respectively, presuming that Shri Madan Lal Sharma has died.