IMPORTANT POINT
A missing person for over seven years can be presumed dead, entitling legal heirs to benefits under applicable schemes.

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 father. The stand taken by the Bank authorities has been no different at that point of time than now, that is, to keep a stoic silence with respect to the prayers as above. Hence, this Court interfered pursuant to a writ petition filed by the present petitioner No. 1.

5. Ultimately, pursuant to the direction of this Court the respondent Bank took up the issue and passed an order dated May 21, 2019. The crux thereof may be reproduced as herein below:-

“4.1 The terminal benefit of Shri Sukhdeo Prasad Singh is settled/being settled, considering his date of death as 28.05.2007 9presumed), i.e date on which GD was filed with Tiljala P.S.

4.2 The request made for Compassionate Appointment of your son Shri Ranjit Kumar cannot be considered, as during the relevant time, there were no previsions to extend Compassionate Appointment.”

6. Hence, according to the said order dated May 21, 2019, the terminal benefits of the person was released to the present petitioners presuming the death of the person to have happened on May 28, 2007, that is, the date of filing the general diary at Tiljala Police Station.

7. On September 28, 2021, the petitioners submitted their application seeking relief of ex-gratia lump sum payment in their favour as the legal heirs of the said person. That is yet to be granted by the respondent Bank.

8. Mr. Kishore Mukherjee appearing for the petitioners has emphatically submitted that considering the facts and circumstances of the case and the law settled in this regard pursuant to various decisions of the Constitutional Courts, the respondent Bank should have released the benefit of ex-gratia payment in favour of the present petitioners, presuming the said missing person to have died. He further elaborates his arguments on the basis of the order of the respondent, dated May 21, 2019. He has stated that it would not be a fresh exercise to be undertaken by the respondent while accepting presumption of death of the said person. He submits that the respondent Bank has already accepted death of the person on presumption while settling his terminal benefits in favour of the present petitioner. Under such circumstances, according to Mr. Mukherjee the benefit of lump sum ex-gratia automatically falls in line, to be released to the present petitioners. He has attacked the alleged inaction of the respondent Bank in this matter that for no justifiable reason the petitioner’s claim for lump sum ex-gratia has been withheld by the respondent Bank. He says further that the same being the due, payable to the stipulated category of persons in terms of the policy decision of the respondent Bank itself, such unreasonable withholding of dues of the petitioners is arbitrary and also unlawful.

9. Mr. Mukherjee has relied on a judgment of Co-ordinate Bench of Madhya