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IN THE HIGH COURT OF ALLAHABAD
AJIT KUMAR
Nirmala – Appellant
Versus
Union Of India, Through D.G., C.R.P.F., New Delhi – Respondent
| Table of Content |
|---|
| 1. entitlement to terminal dues upon disappearance (Para 2 , 3) |
| 2. presumption of death after seven years (Para 4) |
| 3. nominee status negates need for succession certificate (Para 5 , 6) |
| 4. employer cannot deny valid claims due to unsubstantiated fears (Para 7 , 8) |
| 5. mandamus issued for immediate payment of terminal dues with interest (Para 9 , 10 , 11) |
JUDGMENT :
Ajit Kumar, J.
1. Heard Mr. Anand Prakash Pandey, learned counsel for the petitioner and Mr. Kuldeep Singh Chauhan, learned counsel appearing for the contesting respondents.
2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for a writ of mandamus to direct the concerned competent respondent to release all terminal dues to which petitioner being dependant of deceased employee is entitled on account of his premature death.
3. Briefly stated facts of the case are that husband of petitioner, namely, Anil Kumar went missing after his earned leave had expired on 5th January, 2008. The respondent establishment immediately took action as on 6th March, 2008 a letter was written by the Commandant, 84 Battalion, Central Reserve Police Force (for short, C.R.P.F.) to Superintendent o
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