The court emphasized the need to consider undue hardship suffered by the appellant in the absence of her missing husband and directed the authorities to relax rules for grant of family pension and consider representations for disbursement of terminal benefits.

P.D. Audikesavalu, J.

1. The intra-Court appeal arises out of the order dated 08.11.2017 in W.P. No. 28455 of 2017 passed by the Learned Judge of this Court.

2. According to the Appellant, the whereabouts of her husband, viz., Sheikh Umar, who was working as Head Constable in Sozhatharam Police Station in Cuddalore District, remains untraceable from 28.11.2009 onwards. The Appellant had lodged a complaint in Crime No. 553 of 2011 in that regard and this Court by order dated 07.08.2015 in Crl. O.P. No. 19917 of 2015 passed the following order:-

“3. It is seen that the Petitioner's husband went missing in the year 2009, in respect of which, a complaint was lodged before the Respondent Police on 21.11.2011. The Respondent Police have registered a man missing case in Crime No.553 of 2011, which is kept open, since the police have not obtained any clue about the whereabouts of the missing person. As regards the claim of the Petitioner for the service benefits of the missing person, it has to be worked out only before the Civil Forum.

With the above observation, this Criminal Original Petition is closed.”

Thereafter, the Appellant was shown photographs of unclaimed dead bodies maintained by the Government of Puducherry to identify if any of the same related to her husband, but the father of her husband had reservations that the photographs shown did not resemble the husband of the Appellant. Hence, it was concluded by the Police Authorities that no further investigation is required in the case, which was then closed by report dated 28.01.2017 sent by the Investigation Officer to the Judicial Magistrate, Kattumannarkudi. In the meanwhile, the Police Authorities, who were also the employer of the husband of the Appellant, had initiated proceedings treating him as a deserter for not reporting for duty from 28.11.2009 onwards. The Third Respondent, viz., Superintendent of Police, Cuddalore District by proceedings S.O. No. 65/2017 dated 07.07.2017 finally imposed a punishment of removal from service on the said Sheikh Umar on the ground that he had deserted the force for more than 21 days with effect from 28.11.2009 onwards. The Appellant questioned the said order of removal of service of the husband of the Appellant in W.P. No. 28455 of 2017 and had sought for consequential direction to disburse his terminal benefits to her relying on G.O. Ms. No. 478, Finance Pension Department dated 04.06.1987. The Learned Judge, who heard the Writ Petition, by order dated 08.11.2017 dismissed the Writ Petition, which is challenged by the Appellant in this appeal.

3. We have heard Mr. P. Ganesan, Learned Counsel appearing for the Appellant, Mrs. A. Sri Jayanthi, Learned Special Government Pleader appearing on behalf of the First to Fourth Respondents and Mr. V. Vijayashankar, Learned Counsel appearing for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

4. The Learned Counsel for the Appellant strenuously urged that the Respondents had grossly erred in removing the husband of the Appellant from service without having due regard to the fact that his whereabouts have not been traceable from 28.11.2009 onwards and he would have attained the age of superannuation on 31.01.2014, if he was alive and in such circumstances, issuance of the order S.O. No. 65/2017 dated 07.07.2017 by the Third Respondent, which was unwarranted, could not be sustained. It has been brought to the notice of this Court that the Government of Tamil Nadu in G.O. Ms. No. 478, Finance Pension Department dated 04.06.1987 had issued directions for disbursement of terminal benefits to Government Servants who could not be traced after all efforts made by the Police and necessary statutory provisions have been made in that regard by inserting Rule 49-A in the Tamil Nadu Pension Rules, 1978, with effect from 04.06.1987, which reads as follows:-

“Benefits to the family of a disappearing Government Servants:- When a Government Servant