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2001 Supreme(SC) 1070

DORAISWAMY RAJU, S.RAJENDRA BABU
Union Of India – Appellant
Versus
Geeta Devi – Respondent


JUDGMENT

S.RAJENDRA BABU, J.

(1) HUSBAND of the respondent, Bhimeent Sore, was appointed on casual basis from 24.9.1979. Thereafter, he was appointed on temporary basis from 8.12.1980 under the Central Civil Services (Temporary Services) Rules, 1965. It appears that thereafter he remained unauthorizedly absent. It appears he was admitted in the hospital on 4.4.1981 and discharged on 14.4.1981. He attended his duty upto 21.5.1981. Thereafter he remained absent. Inasmuch as the said employee absented from his duty without being permitted by necessary authority, the appellants initiated proceedings as contemplated under rule 5(2) of the CCS Temporary Services Rules and subsequently discharged him from service w.e.f. 23.9.1982. Thereafter an original application was filed by the respondent for various reliefs namely, arrears of salary, family pension, payment of death- cum- retirement gratuity and group insurance and to give suitable employment to her, as he is deemed to have died in harness. The basis upon which the respondent claimed the said reliefs is that her husband disappeared and remained missing for more than seven years and he should presumed to be dead.

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