Service on compassionate ground-father missing for seven years
Now, on testing the case in hand on touchstone of the principles, laid down in decided cases referred hereinbefore, from the material on record, I find that the father of petitioner namely Mohammad Farid Khan left the institution on 1.7.1998 without any information and has not returned to home. Since then he has never been seen alive. When the family members of the petitioner could not trace out his where about the matter was reported to the local police who thereupon submitted report that father of petitioner is not traceable. From the date of his missing he has not been heard of for seven years by those who would naturally have heard of him if he had been alive. It is not the case that Mohammad Farid Khan father of the petitioner had left the house in distress or he was in disability which prevented him from returning home or even contacting his family members nor it is shown that Mohd. Farid Khan was missing in such circumstances or could be at such place where from he could not contact his family members or close relatives. In these circumstances, coupled with the fact that the departmental authorities have cleared the terminal dues of late father of petitioner and paid to his mother and further started paying family pension to his mother being widow of Late Mohd. Farid Khan prior to expiry of seven years of his missing, in my considered opinion, it can be reasonably assumed that the father of the petitioner has died on the date of his missing i.e. on 1.7.1998 or soon thereafter. The aforesaid date admittedly falls while the father of the petitioner was in service and had not attained the age of superannuation, therefore, contrary view taken by District Inspector of Schools, Varanasi rejecting the claim of compassionate appointment of petitioner under Dying-in-Harness Rules, holding that date of the death of father of the petitioner shall be presumed to be on expiry of seven years or at end of seven years of his missing, in my considered opinion cannot be held to be correct as such cannot be sustained. Accordingly, the impugned order dated 7.11.2007
-https://www.lawweb.in/2013/06/service-on-compassionate-ground-father.html
