Shree Chandrashekhar, J. - (1.) Prayer in the writ petition is for a direction upon the respondents for payment of "all sorts of dues", such as C.M.P.F, Gratuity, Life Cover Scheme(L.C.S) "etc.", on a plea that their brother namely, Syed Firoz Ahmad is presumed to be dead.
(2.) The employee-Syed Firoz Ahmad was appointed as Book-Binder on 11.06.1982. In his L.T.C form he has disclosed name of his brother Syed Moeej Ahmad and sister Ruksana Begum. However, in the verification report of the said employee duly attested by the Executive Magistrate it is disclosed that he has three brothers and two sisters. The confusion on siblings of the employee-Syed Firoz Ahmad is compounded by him when he submits 'Yellow' form disclosing that he has two brothers and two sisters. This writ petition has been preferred by Syed Eqbal Ahmad and Syed Moiz Ahmad, however, they are not the persons whose name has been disclosed by the employee under column-12 of the 'Yellow' form. It is stated that the employee went missing from his duty for which a notice dated 06.03.1993 was issued by Senior Personnel Officer (A) SE, C.C.L to him on the ground of his unauthorised absence from duty with effect from 24.06.1992. A letter was received in the department in which it was claimed that employee-Syed Firoz Ahmad was mentally disturbed and he left home on 30.06.1992 and inspite of search he could not be traced out. A Charge-Sheet dated 17.09.1994 was issued to the employee-Syed Firoz Ahmad and in an ex-parte departmental proceeding an enquiry report was submitted with the remarks "charges levelled against Firoz Ahmad, Binder is totally proved beyond any doubt". A second show-cause notice was issued to the employee on 19.08.1996, however, it returned undelivered.
(3.) The learned counsel for the petitioners referring to decision in "Renu Devi Vrs. Central Coalfields Ltd. and Others, 2009 4 JLJR 338", contends that brother of the petitioners on lapse of 7 years from his disappearance must be deemed dead and therefore post-retiral benefits accrued on his death should be paid to the petitioners.;