JUDGMENT : P.N. Prakash, J. (Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 10.09.2018 passed in W.P(MD)No.12181 of 2018.) This writ appeal is directed against the order dated 10.09.2018 passed in W.P(MD)No.12181 of 2018. 2. For the sake of convenience, the parties will be referred to either by name or by designation, as the case may be. 3. One S.Natarajan was working as Health Inspector Gr.I, Primary Health Centre, T.Pudupatti, Thirumangalam Taluk, Madurai District, under the control of the Office of the Deputy Director of Health Services, Madurai, Public Health Department, Madurai. He went missing from 02.05.2003 and therefore, his wife - N.Ponni gave a complaint at Thirumangalam Town Police Station vide Reference No.GDP/689/SPMD/03 for 'Man Missing'. Since S.Natarajan did not report for duty, the Deputy Director of Health Services, Madurai, issued a Memo, dated 31.01.2006 calling upon S.Natarajan to report for duty. On the complaint of N.Ponni that her husband was missing from 02.05.2003, the Inspector of Police, Thirumangalam Town Circle, Madurai District, registered an F.I.R., in Cr.No.480 of 2012 on 27.07.2012 for 'Man Missing'. 4. Since S.Natarajan was missing from 2003, he did not report to the office and therefore, disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, was initiated by the Director of Public Health and Preventive Medicine against S.Natarajan vide order dated 21.02.2013, appointing one Mr.E.Janakiraman as Inquiry Officer. 5. N.Ponni gave a representation dated 01.03.2013 to the Director of Public Health and Preventive Medicine, seeking disbursement of terminal benefits and family pension for her. 6. Mr.E.Janakiraman, Inquiry Officer sent inquiry notice to the residence of S.Natarajan and the same was received by N.Ponni and not by S.Natarajan. Since S.Natarajan did not appear, an exparte inquiry was conducted and by report, dated 01.03.2013, the charge of unauthorised absence from 31.05.2003 was held to be proved. Based on the inquiry report, the Director of Public Health and Preventive Medicine, by order dated 18.03.2013, removed S.Natarajan from service. Since N.Ponni did not get the terminal benefits and family pension, she filed W.P(MD)No. 12181 of 2018 for a Mandamus to disburse the family pension and other benefits of her husband - S.Natarajan on the premise that he had gone missing from 02.05.2003 and that he was presumed to have died. 7. Since N.Ponni did not get the terminal benefits and family pension, she filed W.P(MD)No. 12181 of 2018 for a Mandamus to disburse the family pension and other benefits of her husband - S.Natarajan on the premise that he had gone missing from 02.05.2003 and that he was presumed to have died. 7. When the matter came up for hearing before the learned Single Judge, recording the submission of the learned Special Government Pleader, final order was passed on 10.09.2018, which is as follows: "9. The learned Special Government Pleader appearing for the respondents submitted that as the petitioner's husband could not be traced, appropriate orders may be passed to settle the terminal benefits due to the petitioner's husband by safeguarding the interest of the respondents. 10. Taking into consideration of the fact that the petitioner's husband has worked from 08.02.1982 to 31.03.2003 in the respondents/Department and he is found missing from 2003 and that the presumption is he dead, the terminal benefits due to him have to be paid to the petitioner. Accordingly, the respondents are directed to settle the terminal benefits due to the petitioner's husband within a period of 3 months from the date of receipt of a copy of this order. In case the petitioner's husband appears, then the property of the petitioner will be attached apart from initiation of criminal and other proceedings against the petitioner. The Writ Petition is disposed of accordingly." 8. Aggrieved by the order dated 10.09.2018 passed by the learned Single Judge, the present Writ Appeal has been filed. 9. We have heard Mr.VR.Shanmuganathan, learned Special Government Pleader for the appellants and Mr.P.Murugadasan, learned counsel for the respondent. 10. The issue relating to the settlement of the terminal benefits of a missing Government servant has been considered and decided by a Division Bench of this Court in Managing Director, State Express Transport Corporation Tamil Nadu Limited v. E.Tamilarasi [ 2016(1) CTC 698 ]. The Division Bench has placed reliance on G.O.Ms.No.540, Finance (Pension), dated 05.07.1995, whereby Rule 49-A was introduced in the Tamil Nadu Pension Rules, 1978, which runs as follows: "49-A. Benefits to the family of a disappearing Government servant.- When a Government servant disappears leaving his family, the family of such Government servant shall be entitled immediately for the payment of dues of salary leave encashment. General Provident Fund and Special Family Pension -cum- Gratuity and after lapse of a period of two years of such disappearance, for the payment of dues of Death-cum- Retirement Gratuity and Family Pension in accordance with the nomination made by such Government Servant, subject to the following conditions, namely: (i) a Complaint must have been lodged with the Police Station concerned and a report obtained that the Government servant has not been traced despite all efforts made by the Police; and (ii) An Indemnity Bond must have been executed by the nominee or dependents of such Government servant to the effect that all payments shall be adjusted against the payment due to the such Government servant in case he appears later and makes any claim." 11. The fact remains that in this case, S.Natarajan went missing from May, 2003 and was not heard of by his wife N.Ponni herself. Admittedly, he did not attend Office, for which, he was charged for unauthorised absence. The charge memo and the inquiry notice were not served on him, but, were received by his wife N.Ponni, as could be seen from the order dated 18.03.2013 removing him from service. Even before the inquiry proceedings commenced, a regular First Information Report for 'Man Missing' was registered in Crime No.480 of 2012 by Thirumangalam Town Police. 12. However, Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellants contended that the investigation in Crime No. 480 of 2012 is still pending and police have not issued the necessary Non-Traceable Certificate so far. 13. In our opinion, the police cannot keep an F.I.R., that was registered in the year 2012 open till 2020 and cause prejudice to the case of N.Ponni and thereby, denying her the benefits that flow under Rule 49-A of the Tamil Nadu Pension Rules, 1978. Therefore, we direct the Inspector of Police, Thirumangalam Town Police Station, Madurai District, to complete the enquiry in Crime No.480 of 2012 ('Man Missing'), within two weeks from the date of receipt of a copy of this order and issue the necessary Non-Traceable Certificate to N.Ponni. 14. The learned counsel for N.Ponni submitted that he has received a copy of the proceedings of the Director of Public Health and Preventive Medicine, Chennai-600 006, in R.No.022894/DA/S2/2020, dated 13.03.2020, whereby the punishment of removal from service imposed on Thiru.S.Natarajan has been set aside. 15. 14. The learned counsel for N.Ponni submitted that he has received a copy of the proceedings of the Director of Public Health and Preventive Medicine, Chennai-600 006, in R.No.022894/DA/S2/2020, dated 13.03.2020, whereby the punishment of removal from service imposed on Thiru.S.Natarajan has been set aside. 15. We appreciate the gesture of Dr.K.Kolandaswamy, MBBS, MAE, DPH, DIH, DBE, Director of Public Health and Preventive Medicine, Chennai, for setting aside the exparte order of removal from service and adopting a humane approach to the issue. With the removal of the order of dismissal, desks have now been cleared for grant of terminal benefits and family pension, (if eligible) to N.Ponni. 16. While going through the papers, we observed that on some ill advice, N.Ponni has applied for issuance of a Death Certificate for her husband - S.Natarajan by submitting an application before the Registrar of Births and Deaths, Thirumangalam Municipality to the effect that S.Natarajan died on 10.09.2018. We were wondering as to how the date of death was determined as 10.09.2018' and on a careful scrutiny of the application submitted by N.Ponni, it is seen that the date on which the learned Single Judge had disposed of the Writ Petition in W.P.(MD)No. 12181 of 2018, viz., 10.09.2018 has been determined as the date of death of S.Natarajan. We are at loss to understand how the Registrar of Births and Deaths, Thirumangalam Municipality, issued such a Death Certificate. 17. Since the Death Certificate has been improperly obtained, we set aside the Death Certificate bearing Registration No.D-2019:33-5249-000147, issued by the Registrar of Births and Deaths, Thirumangalam Municipality, on 20.09.2019. We hold that S.Natarajan is not a person who has died, but a person who is presumed to have died under Section 108 of the Indian Evidence Act seven years after he went missing in May 2003. 18. After obtaining the Non-Traceable Certificate from Thirumangalam Town Police Station, Madurai District, four weeks time is granted to N.Ponni to approach the Director of Public Health and Preventive Medicine, Chennai and submit the indemnity bond as required under Rule 49-A of the Tamil Nadu Pension Rules, 1978. Thereafter, eight weeks time is granted to the authorities to disburse her legal entitlements. If S.Natarajan is found to be alive, the properties of N.Ponni can be attached apart from initiation of criminal and other proceedings against her. 19. With the above directions, this writ appeal stands dismissed. Thereafter, eight weeks time is granted to the authorities to disburse her legal entitlements. If S.Natarajan is found to be alive, the properties of N.Ponni can be attached apart from initiation of criminal and other proceedings against her. 19. With the above directions, this writ appeal stands dismissed. No costs. Consequently, the connected civil miscellaneous petition is also dismissed.