JUDGMENT

Dr. Mukundakam Sharma, J.—

1. This appeal is directed against the judgment passed by the Division Bench of the Allahabad High Court whereby the Special Appeal filed by the appellant was dismissed. The said appeal was filed against the judgment and order passed by the Learned Single Judge of the High Court on 8th July, 2002 who dismissed the writ petition of the appellant on the ground that no case for issuance of any writ was made out.

2. The writ petition was filed by the appellant on the ground that his father who was working as Constable was untraceable and that his whereabouts were not known. Another writ petition was filed by the mother of the appellant in which the Court observed that since whereabouts of the father of the appellant are not known for last seven years therefore the concept of deemed death of the father of the appellant could be invoked to the case in hand. Accordingly, there was a direction of the Court directing for payment of service benefits of the father of the appellant to his mother. It was also contended in the writ petition filed by the appellant that having received the said benefit, now a right has accrued to the appellant to seek for a comp