Service Law
Compassionate appointment—Challenge to the order rejecting application—Father of petitioner was found missing in the year 2010 and in this regard, SDE entry dated 24.04.2010 was made—Death-cum-retiral benefit of the father of the petitioner allowed in favour of petitioner’s mother—It transpires from the extracts of circular issued by the General Administrative Department in 2021 that seven years shall be counted from the date of missing, therefore, presumption of death shall be made according to Section 108 of the Evidence Act, and thereafter, five years shall be counted as mentioned in the said circular—Petitioner has filed representation of compassionate appointment in the year 2016, and as such, the said application for compassionate appointment has been filed well within time according to the judgment as well as circular of the year 2021—Decision taken by the District Compassionate Committee and communication made by the Chief Engineer are not sustainable and so hereby quashed—District Compassionate Committee and the Chief Engineer directed to consider the claim of petitioner for compassionate appointment in accordance with law—Application allowed.
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