The presumption of death under Section 108 of the Evidence Act arises only after seven years from the date the person was last known to be alive, and it does not extend to presuming the date or time of death.

1. - This appeal is directed against the order dated 29.01.2013 passed by the learned Single Judge in SBCWP No.2957/2005, whereby the learned Single Judge, while allowing the writ petition, has quashed the orders dated 08.10.1997 and 30.10.2012 passed by the appellate authorities and directed the appellants to grant family pension as well as retrial benefits as admissible by treating the respondent to be the widow of deceased Government servant with interest at the rate of 8% from the date of death of her husband as mentioned in the death certificate. The learned Single Judge has further directed to calculate the retrial benefits and release the same as expeditiously as possible within two months from the receipt of the impugned order.

2. Brief facts of the case are that the husband of the respondent was serving as Mechanic Gr.II with the appellant - Rajasthan State Road Transport Corporation (for short 'the RSRTC' hereinafter) at Hanumangarh. It is contended by the respondent in the writ petition that on 25.03.1994, her husband - Surajbhan was having abdomen pain, therefore, he went for check up to the Doctor but did not return home. In respect of the same, a missing person report was lodged at Police Station, Hanumangarh on 30.03.1994, however, when her husband was not traced out, his death certificate, declaring him dead on 25.03.1994, was issued on 10.04.2001. In the meantime, the RSRTC initiated disciplinary proceedings against the husband of the respondent and when he did not appear before the disciplinary authority, the disciplinary authority has passed the order dated 08.10.1997 and dismissed the services of the husband of the respondent.

3. Being aggrieved with the dismissal order dated 08.10.1997, the respondent preferred an appeal before the appellate authority, however, the same was dismissed vide order dated 30.10.2002 while treating the appeal time barred.

4. Being aggrieved with the above action of the appellants, the respondent preferred a writ petition with a prayer for quashing of the dismissal order dated 08.10.1997 and the order dated 30.10.2002 passed by the appellate authority. The respondent has also prayed for retrial benefits with interest at the rate of 8% per annum.

5. The learned Single Judge, after hearing the parties concerned, has allowed the writ petition, while holding that the missing report of the husband of the respondent was lodged with the police, however, he could not be traced out and finally he was declared dead. It has been observed by the learned Single Judge that the death certificate dated 10.04.2001, declaring the husband of the respondent having died on 25.03.1994, is not disputed. After observing this, the learned Single Judge has held that the termination order of the husband of the respondent was passed exparte in his absence when he is already supposed to have died and, therefore, the same cannot be sustained. It has further been observed by the learned Single Judge that the death certificate has been issued after a lapse of seven years and as such, the order dismissing the appeal of the respondent as time barred too is not sustainable.

6. The appellants, in this appeal, have challenged the finding of the learned Single Judge, wherein it is held that the husband of the respondent will be presumed to be dead on 25.03.1994.

7. The learned counsel for the appellants has submitted that the presumption raised under section 108 of the Indian Evidence Act, 1872 (for short 'the Evidence Act' hereinafter) is a limited presumption, which is confined only to presuming the factum of death of the person who's life or death is in issue. It is contended by the learned counsel for the appellants that as per section 108 of the Evidence Act, though it will be presumed that the person is dead but there cannot be any presumption as to the date or time of death of the person. It is further contended that as per section 108 of the Evidence Act, the presumption as to the death of a person would a