1 S.B. Civil Writ Petition No.6900/2008 Smt. Mohan Kanwar. vs. State of Rajasthan & ors. S.B. Civil Writ Petition No.6900/2008 Smt. Mohan Kanwar. vs. State of Rajasthan & ors. Date : 6.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Kuldeep Mathur, for the petitioner. Mr.Vimal Mathur, for the respondents. - - - - - Heard learned counsel for the parties. The petitioner's husband was an employee of the respondents, PHED department in the pay scale of Rs.250-560/- and he was appointed vide order dated 25.9.1978. The petitioner's husband is missing since 5.5.1994 and the petitioner's husband was not found nor seen by anybody since 5.5.1994. However, the respondents finding the petitioner's husband not coming on duty, initiated departmental enquiry and ultimately passed the order under Rule 86(3) of the Rajasthan Service Rules removing him from service. 2 S.B. Civil Writ Petition No.6900/2008 Smt. Mohan Kanwar. vs. State of Rajasthan & ors. It will be worthwhile to mention here that the department's own admitted case is that the petitioner's husband was not found since 5.5.1994. The petitioner's grievance is that she has not been granted family pension and the respondents should not have denied that relief and they should have presumed the petitioner's husband as dead as civil death occurred when the petitioner's husband was not seen since last 7 years. Learned counsel for the petitioner relied upon a judgment of this Court delivered in the case of State of Rajasthan and others vs. Phooli Devi and others reported in 2003(1) WLC (Raj.) 478 wherein in identical facts and circumstances, this Court held that when the employee was not heard of for more than last 7 years from the date of his disappearance or missing, a presumption must arise in favour of civil death of the employee by virtue of Section 108 of the Evidence Act. The Division Bench of this Court in that fact situation, which is the fact situation in this case also, after presuming the death of the employee held that the employee's wife should have been treated as widow of the employee and the department should have granted family pension to the petitioner. 3 S.B. Civil Writ Petition No.6900/2008 Smt. Mohan Kanwar. vs. State of Rajasthan & ors. In view of the above, this writ petition is allowed and the respondents are directed to prepare the family pension case of the petitioner and grant her family pension in accordance with the Rules within a period of three months from today. At this stage, learned counsel for the petitioner also submitted that the petitioner or her family member may also be granted relief of compassionate appointment. Admittedly, the petitioner's husband was not found since 1994 and the period of 7 years expired in 2001 and the petitioner has approached this Court in 2008 for compassionate appointment which cannot be allowed. In view of the above, this prayer is rejected. (PRAKASH TATIA), J. S.Phophaliya