A person presumed dead after being untraced for over 7 years can have their family apply for compassionate appointment within one year of the death certificate issuance.

ORDER

As per the Hon’ble Mr. Rajinder Singh Dogra, Member (J):

1. The instant petition has been filed by ld. counsel for the applicant with following relief:

i. Seeking quashment of order bearing no. Esstt/SRO-43/764 dated 17.06.2022 issued by the respondent no. 4 vide which claim of the applicant for his appointment on compassionate grounds has been rejected.

ii. Directing the respondents to appoint the applicant against any suitable vacancy on compassionate grounds under the provisions of SRO 43 of 1994 read with SRO 302 of 2009 and also on the analogy as has been adopted in other similarly situated cases in view of the peculiar facts state herein.

2. The brief facts of the case:

The brief facts of the case are that in the instant case the father of the applicant remain untraced for the period of more than 7 years and after all efforts made by the applicant and concerned police the father of the applicant could not be traced and aggrieved by the such act the mother of the applicant applied for issuance of death certificate in the civil court and file a civil suit on 18-02-2021 with regard to the declaration that the father of the applicant presumed to be dead after he remain untraced for the period of 7 years and the concerned civil court after appreciating the pleadings and evidence submitted by the mother of the applicant pass a decree thereby declaring the father of the applicant dead as he was remained untraced since 13-06-1998 and death certificate was issued by the concerned municipality on 11-12-2021 and the date of death of the father of the applicant 17-07-2021 was as per the death certificate issued by the JMC Jammu. After getting the death certificate from the JMC, Jammu the applicant immediately applied for the appointment of the applicant on compassionate ground with all the requisite formalities within a period of one year from the date of death of the father of the applicant as per the death certificate issued by the competent authority, but the respondents overlooked the death certificate and issued the order dated 17-06- 2022 thereby rejecting the case of the applicant on the ground that the application for appointment of companionate ground filed by the applicant is time barred, as it has been filed after one year from the date of death of the father of the applicant. Hence, the present petition.

3. Arguments made by ld. counsel for the applicant:

(i.) Ld. counsel for the applicant submitted that if a person remain untraced for a period of more than 7 years he shall be presumed to be dead and in the instant case the father of the applicant remain untraced for the period of more than 7 years and after all efforts made by the applicant and concerned police the father of the applicant could not be traced.

(ii.) Ld. Counsel for the applicant further submitted that aggrieved by the such act the mother of the applicant applied for issuance of death certificate in the civil court and the Civil Court declaring the father of the applicant dead.

(iii.) Ld. Counsel for the applicant also submitted that after getting the death certificate from the JMC, Jammu the applicant immediately applied for the appointment of the applicant on compassionate ground with all the requisite formalities within a period of one year from the date of death of the father of the applicant as per the death certificate issued by the competent authority, but the respondents overlooked the death certificate and issued the order dated 17-06-2022 thereby rejecting the case of the applicant.

4. Arguments made by ld. counsel for the respondents:

(i.) Mr. Hunar Gupta, ld. DAG appeared for the respondents vehemently opposed the prayer made by ld. counsel for the applicant.

(ii.) Ld. DAG submitted that the applicant did not disclose the facts before the Hon'ble court that his mother was already engaged as daily wage (cook) in the Prison Department in year 2000 and posted in Central Jail Jammu vide order no.172 of 2000 dated 11.03.2000.

(iii.) Ld. DAG further submit