GYANA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this case has been made to the order of respondent dated 18.12.2004 whereby husband of the petitioner was deemed to have resigned from service and accordingly taken to have been removed from service with effect from 21.4.1999.

(2.) SHRI Deepak Mehta, learned Counsel for the petitioner has argued that her husband in fact had gone missing from the office since 21.4.1999 and the petitioner lodged a report of his disappearance with Police Station Newai, Tonk which was entered as rojnamcha at S. No. 74. Her husband was never heard of thereafter. Learned Counsel submitted that a presumption in view of Section 108 of the Indian Evidence Act should arise about his death. Learned Counsel therefore prayed that the order of his removal which has been passed simply on the basis of notice under Section 86(4) of the Rajasthan Service Rules, should be quashed and set aside and the respondents be directed to pay to the petitioner family pension as also the other terminals benefits like death cum retirement, GPF and gratuity which are payable to the widow of a government servant who expired including compassionate appointment.

(3.) LEARNED Counsel relied on the judgments of this Court in Smt. Manohar Kanwar and Anr. v. The State of Rajasthan and Ors. , Smt. Indira Devi v. State of Rajasthan and Anr. , State of Rajasthan and Ors. v. Phooli Devi and Ors. 2003 (1) WLC (Raj.) 479 and Smt. Shakuntala Kanwar v. UOI and Ors. 2002 (4) WLC (Raj.) 315.