TAHSILDAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. Triveni Singh, father of petitioner No. 1 was recruited as Constable in the year 1947. While he was in service in the year 1960, he was reported missing and since then he has not been traced out. When after the due date of his superannuation, no pensionary benefits and other funds of Triveni Singh had been paid to the petitioners, in the year 1994 an application was filed by the petitioners for payment of funds and pensionary benefits as well as for appointment of the petitioner No. 1 on compassionate ground under the Dying in Harness Rules, 1974. The said application for the appointment on compassionate ground has been rejected by order dated 14-2-1995. The petitioner has thus filed this writ petition with prayer to quash the order dated 14-2-1995 and provide employment to the petitioner No. 1 under the Dying in Harness Rules and also for a direction to the respondents to grant pension and pay other admissible funds to the petitioners. During the pendency of this writ petition, the petitioner No. 2, Smt. Chhabba Devi wife of missing constable Triveni Singh has died.

(2.) WITH regard to claim of the petitioner No. 1 to provide him appointment on compassionate ground under the Dying in Harness Rules, 1974, in my view, the same cannot be granted at this stage specially when the application has been moved after 34 years of the employee having been declared missing. Even otherwise, I do not find any infirmity or illegality in the order of the respondents dated 14-2-1995 whereby the application of the petitioner has been rejected on the ground that there is no provision for appointment on compassionate grounds of dependents of those employees who have been declared missing.

(3.) IN the aforesaid circumstances the respondents are directed to pay the various funds of the petitioner's father, constable Triveni Singh to his dependents as also pension as may be admissible under law going with interest to which they would be entitled to, within a period of four months from the date of production of a certified copy of this order before respondent No. 3, INspector General of Police, Allahabad.