Bela Devi vs The Lalit Narayan Mithila ...
2023 Latest Caselaw 4144 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2900 of 2023
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Bela Devi Wife of Late Rajendra Kamat, Resident of Village- Hatadh Rupauli, P.O.- Hatadh Rupauli, P.S.- Bhairavsthan, District- Madhubani- 847404.

... ... Petitioner Versus

1. The Lalit Narayan Mithila University through its Registrar Kameshwar Nagar, Darbhanga.

2. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

3. The Principal, Chandradhari Mithila Vigyan College, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner : Mr.Nilanjan Chatterjee, Advocate Mr.Sahil Kumar, Advocate Mr.Ujjwal Raj, Advocate Mr.Anirvan Choudhuri, Advocate Mr.Pulkit Ranjan, Advocate For the Respondents : Mr.Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date : 29-08-2023

Heard learned counsel for the petitioner and learned

counsel for the University.

2. Petitioner, in the present case, is seeking a direction

commanding the respondents to consider her case for

appointment on compassionate ground.

3. Learned counsel for the petitioner submits that the

husband of the petitioner was working as a Gardener-cum-

Security Guard in C.M. Science College at Darbhanga. He went

missing on 10.03.2013 and thereafter nothing has been heard

about him. In this regard, a complaint was lodged by the son of Patna High Court CWJC No.2900 of 2023 dt.29-08-2023

the petitioner with Vasant Vihar Police Station at New Delhi and

the police has, after investigation, submitted a final form vide

Annexure '3' to the writ application, perusal whereof would

show that that despite sincere efforts made to trace out the

missing person, no clue was found.

4. It is submitted that in the aforementioned

circumstance, the petitioner submitted an application for

appointment on compassionate ground. Learned counsel

submits that the petitioner was advised to wait for a period of

seven years, therefore, the petitioner submitted her application

for the first time on 07.11.2022 (Annexure '7').

5. Learned counsel for the University has brought on

record the decision of the University Compassionate

Appointment Committee which has considered the case of the

petitioner and rejected the same as there was no death certificate

of her husband to support the claim of the petitioner.

6. Learned counsel for the petitioner submits that

there would be a presumption of death on expiry of period of

seven years from the date the husband of the petitioner went

missing.

7. Having heard learned counsel for the parties, in the

nature of the stand taken by the University, this Court is of the Patna High Court CWJC No.2900 of 2023 dt.29-08-2023

considered opinion that a mere presumption of death under

Section 108 of the Evidence Act would not be sufficient for the

University to proceed with the application seeking

compassionate appointment. It requires a declaration from the

competent court of law where the evidences maybe adduced.

The petitioner is at liberty to approach the competent court of

law, seek a declaration as required and apply with the University

afresh with all documents whereupon the same will be

considered in accordance with law keeping in view of the

judgments of the Hon'ble Supreme Court on the subject.

8. This Writ Application stands disposed of

accordingly.

(Rajeev Ranjan Prasad, J.) Rajeev/-

AFR/NAFR
CAV DATE
Uploading Date              29.08.2023

Transmission Date