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| BSF personnel found missing after few months service | | HC directs authorities to grant pensionary benefits | | Early Times Reporter
Jammu | Apr 1
In a landmark judgment, Justice YP Nargotra of J&K High Court Jammu wing, came to rescue of poor family of BSF personnel from starvation who was found missing after few months' service and was dismissed from service, set-aside the dismissal order after nine years and directed to pay family pension to the wife.
This landmark judgment was passed in a petition filed by Shamim Akhter widow of Mohd Iqbal r/o Gurah Sankari, Kotranka District Rajouri in which it has been submitted that husband of the petitioner Mohd Iqbal was appointed as water-carrier in BSF in the year 1998 and was found absent during the roll call on January 31, 1999 from company. A thorough search of area was made to trace him but he was not found anywhere and was subsequently dismissed from service from May 5, 1999 putting just six months and 25 days of service only.
Alleging that her husband has been killed by the militants while in service, she filed this petition through Adv Surinder Kour seeking direction to the respondents to accord consideration to her case for fixation of family pension and other pensionary benefits to which the husband of the petitioner was entitled.
During the course of hearing this petition, Court felt necessary of getting the issue of death of husband of the petitioner enquired and accordingly on October 31, 2006 directed Principal District Judge Rajouri to enquire and submit his report. The Principal Sessions Judge submitted his report on January 9, 2007 indicating that from the evidence and other material brought on record, the death of Mohd Iqbal has not been proved. It appears from the record that Mohd Iqbal was missing and had neither been found dead or alive nor there was any evidence on record which shows that Mohd Iqbal has been killed.
Justice Nargotra, after hearing Adv Surinder Kour appearing for the petitioner and Adv Ajay Sharma appearing for the Union of India, perused all the records and observed that it is admitted case of respondent’s that husband of the petitioner was found missing at the time of roll call on January 31, 1999 and by assuming that he had absented from duty without any leave, his services were terminated. It is however, an admitted fact that husband of the petitioner has been since missing more than 7 years, therefore, statutory presumption in terms of section 108 of the Evidence Act, can validly be drawn and husband of the petitioner Mohd Iqbal can be presumed to be dead. In view of this situation termination order of May 5, 1999 cannot be legally sustained and as such is set-aside. The petitioner is held entitled to grant of family pension in terms of provisions of rule 54 of CCS Pension Rules.
Court further directed respondents to sanction family pension in favour of the petitioner with effect from the date husband of the petitioner was found missing. Court further directed respondents that they shall also pay other retrial benefits, if any, due on account of death of husband of the petitioner. JNF |
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