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RAJAN ROY, OM PRAKASH SHUKLA
Amardeep Kashyap – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Msme Lko. – Respondent
JUDGMENT :
Om Prakash Shukla, J.
1. Heard Sri Om Prakash Mani Tripathi, learned counsel for the appellant and Sri Gopal Kumar Srivastava, learned Standing Counsel for State-respondents.
2. The present Special Appeal stems out of an order dated 05.04.2024 and dated 12.07.2024 ('Impugned orders') passed by learned Single Judge of this Court in Writ A No.2731 of 2024 (Amardeep Kashyap Vs. State of U.P. and Others) and Civil Misc. Review Application Defective No.117 of 2024 respectively. Apparently, vide the said impugned order, the learned Single Judge did not find any illegality in the order dated 03.02.2023 passed by the Deputy Commissioner, Industries, Gonda wherein the claim of the appellant for compassionate appointment was rejected by the Deputy Commissioner.
3. The factual matrix of the case lies in a narrow compass. The appellant's father, Sri Ghanshyam Kashyap was working as a peon/Anuchar at Jila Udyog Kendra, Gonda, Uttar Pradesh and went missing on 25.06.2012, which although was reported by his family on the same day, however a formal missing complaint came to be filed on 27.06.2012. Apparently, despite extensive efforts to trace Sri Ghanshyam Kashyap they were futile. In the
The presumption of death under Section 108 of the Indian Evidence Act arises only after seven years, and compassionate appointment requires proof of death during service, not merely a civil declarati....
The presumption of death under Section 108 of the Evidence Act is strictly limited to the fact of death, while the exact date of death must be proven by credible evidence.
[The court established that compassionate appointment claims must adhere to the rules in effect at the time of application, and that the presumption of civil death does not negate prior dismissals or....
The presumption of death under Sections 107 and 108 of the Indian Evidence Act arises only when a legal question regarding a person's status is presented in court.
Point of Law - The principle enunciated in the provisions of the Evidence Act, the Specific Relief Act and the precedents relied on would make it clear that the judgment is one rendered in the facts ....
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