Kaushlendra Singh Naruka v. The State of Rajasthan
1999-03-04
SHIV KUMAR SHARMA
body1999
DigiLaw.ai
JUDGMENT 1. - Petitioner seeks appointment on compassionate grounds. 2. Suresh Singh Naruka, the father of the petitioner, who was working as LDC in the 5th Battalion RAC, disappeared on May 29, 1988 and since then he has not been traced out. There is nothing on record which can give credence that Shri Suresh Singh Naruka is alive. I am prima facie satisfied that on the basis of the documents annexed with the writ petition it has been established that Shri Suresh Singh Naruka has not been heard of seven years and a presumption in view of section 108 of the Indian Evidence Act can be raised that be is dead for all legal purposes. 3. A look at the written statement submitted by the respondents goes to show that the application moved by the mother of the petitioner in the year 1994 seeking appointment for him was forwarded by the respondents to the Home Department for consideration and the matter is pending. It also appears that the family of Shri Suresh Singh Naruka has already been paid pension, gratuity etc. 4. As already noticed above, the father of the petitioner will be deemed to have died and as he has died while in service of the respondent No. 2, he will be deemed to have died in harness. Under these circumstances, I direct the respondents to consider the case of the petitioner for compassionate appointment and give to him such appointment in accordance with law at the earliest preferably within two months from the date of receipt of copy of this order. 5. The writ petition stands disposed of as indicated herein above.Petition Disposed of As Indicated Hereinabove. *******