1 S.B. CIVIL WRIT PETITION NO.7969/2007 Smt. Devi & Anr. vs State of Rajasthan & Ors. DATE OF ORDER: 22.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Himanshu Shrimali, for the petitioner. Mr. Rajesh Bhati, Asstt to AAG. <><><> Heard learned counsel for the parties. The petitioner no.1's husband who was working as Class IV employee in the office of the District Collector, Barmer was found missing since 11th April, 1997 and till today nobody heard anything about him. The presumption of civil death can be drawn in view of the Section 108 of the Evidence Act and it can be presumed that civil death of that employee occurred on 11th April, 2004. The petitioner submitted an application for compassionate appointment on 16th Nov., 2006, which has been rejected by the authorities vide order dated 17.2.2007 (Annex.8) by saying that the petitioner no.1 is required to obtain declaration from the court of law about the civil death of the employee. The issue was considered by the Division Bench of this Court in the case of State of Rajasthan & Ors. SV. Phooli Devi & 2 Ors reported in 2003(1) WLC (Raj.) 479 an din the identical facts and circumstances, relief has been granted to the petitioner of that case and respondents were directed to consider the case of the applicant for appointment on compassionatory ground. Since the issue as raised in this writ petition is squarely covered by the Division Bench judgment, therefore, this writ petition is allowed. The order of the respondent dated 17.2.2007 is set aside and the respondents are directed to consider the case of the petitioner for grant of compassionate appointment and do the needful within a period of two months from today. (PRAKASH TATIA), J. c.p.goyal/-