MOHAN LAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed challenging the impugned order dated 9.11.97, contained in Annexure. 5 to this writ petition, by which the claim of the petitioner for service on compassionate employment has been rejected only on the ground that the case of the petitioner's father does not fall within the ambit of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred as "the Rules of 1996").

(2.) Petitioner's father was in Government Service as Class IV employee and his whereabouts are not know since 1977. As he was not traceable and under the law, a lost person whose whereabouts are not known for seven years, can be presumed to be dead. Petitioner's father was missing since 1977, seven years were completed in 1984. However, the petitioner has filed an application for the first time in 1996 when he was 26 years of age as the petitioner claims to have born in 1970 and at the time of disappearance of his father, he was seven years of age.

(3.) Mr. S.G. Ojha, learned counsel for the respondents, stated that such a presumption is not recognised under the provisions of the compassionate employment under the 1996 Rules, for the reason that it provides for immediate relief to the grieved family. If the case of presumed death is taken-up, the grieved family will have to wait for a minimum period of seven years and after the lapse of the said period, grieved party cannot say that it has lost its bread-earner which is to be redeemed forthwith.