JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner seeks release of ex-gratia lump sum amount to her on the ground of presumption of death, of her husband and erstwhile employee of the respondent Bank. Since her claim as above has not yet been answered by the Bank, this writ petition has been filed.

2. The petitioner has inter alia sought relief by issuance of a writ in the nature of mandamus commending the respondent Bank to release the ex-gratia sum amount immediately with an interest @ 18% per annum.

3. The husband of the writ petitioner No.1 was employed as a peon with the respondent No. 1/Bank of India, since February 1, 1983. It is admitted by the petitioners, the respondents as well as the police authorities that, the said person went missing and untraceable since February 2, 2007. Till date no trace of that person could be found out by either the police or any of the relatives.

4. Under such circumstances the petitioner No. 1 approached the respondent Bank for release of retirement benefits including Gratuity and Provident Fund. An application was also made on April 14, 2014, seeking appointment for petitioner No. 2 on compassionate ground on the presumption of death of his