R.B.MISRA, J. - (1.) THE petitioner has filed this writ petition seeking direction to give appointment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying -in -Harness Rules, 1974 known as Rule 1974' hereinafter in place of her husband treating to have been died in the course of service.
(2.) HEARD learned Counsel for the petitioner as well as learned Standing Counsel for the State. The relevant facts necessary for adjudication of this writ petition are that the husband of the petitioner whose date of birth was 12 -10 -1966, was appointed as Constable in Civil Police, Jhansi in 1988. He took casual lease on 29 -10 -1988 for three days but he did not return thereafter an FIR was lodged on 17 -3 -1989 on behalf of the father -in -law of the petitioner and after investigation a final report was submitted on 26 -12 -1990 wherein the petitioner's husband Balendra Prasad Mishra had been declared missing. The petitioner was legally dependent being wife of Sri Balendra Prasad Mishra. The petitioner gave a representation to be appointed under 'Rule 1974' to the Senior Superintendent of Police, Jhansi and the Senior Superintendent of Police Jhansi had also notified through news papers seeking objections, if any, from the public regarding missing Constable Sri Balendra Prasad Mishra but till date whereabouts of the husband of the petitioner is not known. The petitioner claims to have passed Intermediate Examination and sought appointment on compassionate ground in the Ministerial Cadre. On the application of the petitioner, the Senior Superintendent of Police, Jhansi had recommended the Deputy Inspector General (Karmik) Police Head Quarter. U.P. Allahabad by his letter dated, 4 -11 -1996 for giving employment to the petitioner and to allocate the pensionery benefit to her. The other Police Officer e.g., to the Additional Superintendent of Police, Department of Police (Karmik) Police Head Quarter, Lucknow, on 27 -9 -1997 had also requested to the Joint Secretary, Home (Police) Section 10, U.P. Government, Lucknow (Annexure -6 to the writ petition), to give appointment to the petitioner under 'Rules 1974' treating the husband of the petitioner to have died during the course of employment.
(3.) LEARNED Counsel for the petitioner has referred Section 108 of 'The Indian Evidence Act, 1872'. The Section 108 is given as below : 108. Burden of proving that person is alive who has not been heard of for seven year. -[Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is the person who affirms it.;