Rajiv Kumar vs The State of Bihar and Others

Limitation is condoned.

This is too small a matter that it should become an issue with the State administration. The State administration cannot have it both ways. On the one hand it submits that the families of those who die in government service minors will not get a job provided unless death of the parent is within 5 years and within this period the-applicant has become a major. Further, the State administration also cannot tell applicants who apply that a missing parent as Apposed to dead will not be presumed dead even after seven years.

This presumption which the State administration evades is Section 108 of the Evidence Act, 1872. In the present case, the Petitioner''s father died in 1992 and the dead body was not found. Admittedly, the Petitioner was a minor. Even if he was a major, in any case, the State administration would have confronted the Petitioner that he will have to wait for seven years for the record to be retained in inaction for the reason that "presumed dead" would be presumed after seven years.

The Petitioner waited for seven years. The presumption of the law is complete and now he is a major. This is too small a matter that the State administration should pick holes to defeat the application from non-consideration. The Petitioner''s father after seven years would be presumed dead unless otherwise found alive somewhere else, and the Petitioner''s application ought to be acted upon.

The learned judge was in error in not granting the relief sought.

The appeal succeeds.