Vanaoatla Suouna Kumari, W/o v. Francees, Aged about

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, to declare the action of the Respondents in not granting the terminal benefits of deceased husband in favour of the petitioner and consequently direct the Respondents to grant the terminal benefits of deceased husband along with all other consequential benefits in favour of the petitioner. Prayer is amended as per C.O dt. 03.07.2019 in lA No. 1 of 2019. IA NO : 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thb petition, the High Court may be pleased to direct the Res6rondents to grant the terminal benefits of deceased husband in favour of the Pt:titioner, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI RAMESH CHILLA Counsel forthe Respondents: SRI M.RAMU (Nor PRESENT) The Court made the following: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.48O69 of 2O18 ORDER: The petitioner is the wife of Mr.V. Francees, who joined Indian Bank in 1991 and was promoted to Assistant Manager in New Delhi on I7.O2.2OO4 (Service Reg. No. 270l5l. He attended duties for seven months and went missing from 3O.O9.2OO4. The bank later issued a charge sheet and compulsorily retired him from servlce Despite repeated efforts, Mr.Francees could not be traced. A missing person complaint was lodged on 27.O5.2OO8 at Janakpuri Police Station, New Delhi, and a report dated 01.09.2010 confirmed that he remained untraceable. As per bank directions, the petitioner obtained a legal heir eertificate through O.S. No. 590 of 2OL2, which was decreed on 14. t2.2O 12, declaring the petitioner and her children as legal heirs. She thereafter applied for terminal benefits and compassionate appointment, submitting all required documents. However, ro action has been taken by the bank authorities to date. Hence, this writ petition.

2. Heard Sri Ramesh Chilla, learned counsel for the petitioner. Despite service of notice, none appeared on behalf /;\ !l t. 2 NBKJ wP 48069 2018 of respo,ldents and no counter has been filed. Perused tJ.e record

3. L,earned counsel for the petitioner, white making submissions on lines of the writ allidavit, contended that petitioner is suffering from cancer and also enclosed copy of medical reports to that extent and it is further contended that if a persc,n is not found for a period of seven years then it has to be assumed that he is declared dead. Therefore, ttre petitionel'prayed this Court to release the terminal benefits of her husband and provide a suitable job to one of the petitioner's children under compassionate appointment in the responde nt Corporation according to their qualification.

4. Admittedly, the petitioner's husband has been missing since 30.09.2004. A missing complaint was lodged with the police, and the Station House Officer subsequently issued a report co:rfirming that the petitioner's husband could not be traced. llhe petitioner thereafter applied for retirement (terminal) benefits and sought compassionate appointment for one of he,r children. At this juncture, it is relevant to refer Section 1()8 of the Indian Evidence Act, which reads as under: a -t NBK,J wP 4E069 2018 " 1O8. Burden of proutng that pbrson is aliue wla h;e.s not been heard of for seuen gears. prouided that ulten tle qtestion i.s whetter a man is aliue or dead., and it is proued that he ttas not been heard of for seuen gears bg tLase wlo would nahtrallg lwue heard of him if he had. been aliue, tte burden of prouing that he is aliue is shifted to tte person uln affirms it." This statutory presumption of death after seven years of continuous disappearance is squarely applicable to the present case. The petitioner has established that her husband has remained untraceable since 3O.O9.2OO4, and no information regarding his whereabouts has been received by his family or the authorities. Therefore, in terms of Section 1O8 of the Indian Evidence Act, 1872, it is to be legally presumed that the petitioner's husband is deceased.

5. Having considered the respective submissions and upon perusal of the material on record, this Court is of the view that, in light of the petitioner's medical condition being a I ( cancer patient, the case warrants sympathetic consideration for compassionate appointment. Accordingly, the respondents are directed to consider and pass appropriate orders for appointment of one eligible child' of petitioner on compassionate grounds. The respondents are further directed NBK.J '\n/P 48059 2018 to release the ter-minrel benefitrs and all other consequential benefits, strictly in accordance with law, within a period of eight (8) 'veeks from the date of receipt of a copy of this order.

6. rv\rith the above said directions, this writ petition is allowed with costs of Rs.5o,o00/- to be paid by the responde:r.ts to the Director, Sainik welfare, Hyderabad (savings A/c.No.52188926279, State Bank of India, shantinalgar Branch (2oo7o), IFSC code:SBlNoO2oOzo, MICR No.5oo0o4o57) within a period of eight (oB) weeks from today and file proof of the s€une before the Registry. con,seqllently, miscellaneous applications pending, if any, in thj.s Writ Petition, shall stand closed. MEMORANDUM OF COSTS W.P.NO.48069 0F 2018 \ Costs QuantifieC by Hon'ble Court (That the Respondent:; herein are directed to pay costs of Rs.50,000/- (Rupees Fifty Thousand Only) to the Director, Sainik Welfare, Hyderabad (Savings Alc. No.52188926279, State Bank of lndia, Shantinagar []ranch (20070), IFSC Code:SB1N0020070, MICR No.50000 4057) within a period of eight (08) weeks from the date of disposal. TOTAL /ffRUE COPY// To, Rs. Ps. 50,000-00 50,000-00 .PONNA KRISHNA REGISTRAR OFFICER

1. The Chiel'General Manager, lndian Bank, Post Box l\o.1384, Chennai - 600001 . Office at 66, Rajaji Salai,

2. The Assistant General Manager Department-Settlement Sectio RoYaPettah, Chennai - 600 014- (HRM), lndian Bank, Corporate Office, HRM n, 254-260 Awai Shanmugam Road, -1*ffir\ 1 \

3. The Branch Manager, lndian Bank, Ranapratap Bagh Branch, D-111, Rana Pratap Bagh, Delhi - 110 007.

4. The Director, Sainik Welfare, Hyderabad 5. One CC to SRI RAIvIESH CHILLA, Advocate [OPUC] 6. One CC to SRI M.RAtvlU, Advocate [OPUC] 7. Two CD Copies BSR ..^ ctp/1Xo-w t I / 1 HI <" 3 1? I'tAfl zozo C) * * HIGH COIJRT DATED:2710612025 ORDER WP.No.48069 of 2018 ALLOWING THE WRIT PETITION, WITH COSTS o