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CASE NO.: Appeal (civil)  2356 of 2008

PETITIONER: Suhavan Devi & Anr

RESPONDENT: State of Bihar & Ors

DATE OF JUDGMENT: 28/03/2008

BENCH: CJI K G Balakrishnan & R V Raveendran

JUDGMENT: JUDGMENT O R D E R

Not reportable

CIVIL APPEAL NO 2356 OF 2008 [Arising out of SLP [C] No.9934 of 2004]

       Leave granted. Heard learned counsel for the parties.

       This appeal is filed by the widow and son of one Suresh Tiwary who was a  Havildar in the police department in the district of Munger, Bihar. In the year 1988, he  was transferred from Munger to Siwan District. He did not join at the transferred place  and has been missing ever since 1988.  The first appellant made an application in 1998 requesting that either her husband  be traced or her son (second appellant) be granted appointment on compassionate  grounds. The department considered the matter and declared the missing person \026 Suresh  Tiwary - dead by order dated 26.3.2002. Thereafter the second appellant filed an  application for appointment on compassionate grounds. The respondent State rejected the  application on 9.4.2002 on the ground that there was no provision for giving appointment  on compassionate grounds to the dependant of a missing government servant. The writ  petition filed by the appellants challenging the said order was rejected by a learned single   Judge on 18.8.2003. The appellant filed an L.P.A. and a Division Bench of High Court of  Patna dismissed the appeal, which is challenged in this appeal.

       It is admitted by the learned counsel for the State of Bihar that there is a scheme  for appointment on compassionate grounds as per Annexure-R-2. The rejection is on the  ground that there is no provision for compassionate appointment of dependants of  missing persons. But in this case, Suresh Tiwary was declared as dead only by order  dated 26.3.2002. In the peculiar facts and circumstances, the fourth respondent is directed  to consider the claim of the second appellant in accordance with the scheme for  compassionate appointment, and if found eligible, offer him appointment.

       The appeal is disposed of accordingly. Parties to bear their respective costs.