ORDER :

1. The instant petition has been filed by the petitioner with following prayer:

“(A) Issue appropriate writ in the matter of Mandamus of any other writ order or direction commanding the respondents to quash and set aside the impugned order dated 11.9.2002 (Annexure-4) passed by Tehsildar Kishangarhbas, District-Alwar.

(B) Issue appropriate writ in the matter of Mandamus or any other writ order or direction commanding the respondents to quash and set aside the order dated 25.4.2011 (Annexure-9) passed by District Collector Alwar.

(C) Issue appropriate writ order or direction to the respondents to provide compassionate appointment I place of her deceased husband in term of Rajasthan Compassionate Appointment of dependants of deceased Government service rules 1996.

(D) Issue appropriate writ in the matter of Mandamus or any other writ order or direction commanding the respondents to release Family pension to the petitioner in accordance with the rules.

(E) Any other relief as this Hon’ble Court may deem fit and proper be also passed in favour of the petitioner.”

2. Learned counsel for the petitioner submits that the husband of the petitioner was appointed as Class IV employee in the year 1992. It is the case of the petitioner that her husband left Alwar on 02.06.1996 for departing towards Mumbai without giving any information to the family members. Thereafter, his whereabouts were not known to anyone in the family and also in the society. When whereabouts of her husband were not known continuously for a period of 7 years, she approached this Court for getting compassionate appointment as there is a presumption under the law that if the whereabouts of any person are not known continuously for seven years, the said person might have expired.

3. Petitioner filed SB Civil Writ Petition No. 7073/2003 and same was decided by this Court directing the petitioner to file a representation before the respondents-authorities and respondents were directed to pass a reasoned order within a period of two months in the light of Kaushalendra Singh Naruka vs. State of Rajasthan and Another, 2000 (1) WLC (Raj.) 723 [S.B. Civil Writ Petition No. 3313/1996] and M.P. State Co-operative Marketing Federation vs. Aruma Pyasi, 2004 (1) SCT 493.

4. In pursuance of the said direction, the petitioner submitted a representation before the authorities but District Collector, Alwar disposed of the representation of the petitioner on 19.08.2010 directing her to get declaration from the competent Court of law with regard to death of her husband. Prior to such observation made by the District Collector, Alwar, the petitioner filed a civil suit i.e. Civil Suit No. 35/2009 in the year 2009 itself and she got declaration in this regard from the Court of Civil Judge, Junior Division, Kishangarhbas, District Alwar and a decree was passed by the Civil Judge, Junior Division that her husband met with civil death.

5. On the basis of said declaration, the petitioner again approached to the office of District Collector, Alwar for getting compassionate appointment. This time, her representation was rejected by the District Collector, Alwar by saying that the services of her husband was terminated, hence, she is not entitled to get compassionate appointment. The case of the petitioner is that she challenged the said order before this Court by way of filing SB Civil Writ Petition No. 11797/2011, but the said petition was withdrawn by the petitioner with liberty to file fresh petition vide order dated 26.09.2016.

6. After withdrawal of the aforesaid petition, now the petitioner has filed this petition challenging the termination order dated 11.09.2002 with a prayer to quash and set aside the same and some appropriate orders be issued directing the respondents to grant compassionate appointment to the petitioner.

7. Per contra, learned counsel for the respondent opposed the submissions made by counsel for the petitioner and submits that the husband of the petitioner was absent from