The respondent State rejected the application on 9.4.2002 on the ground that there was numberprovision for giving appointment on companypassionate grounds to the dependant of a missing government servant.
The department companysidered the matter and declared the missing person Suresh Tiwary dead by order dated 26.3.2002.
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.
O R D E R Not reportable CIVIL APPEAL NO 2356 OF 2008 Arising out of SLP C No.9934 of 2004 Leave granted.
The writ petition filed by the appellants challenging the said order was rejected by a learned single Judge on 18.8.2003.
The first appellant made an application in 1998 requesting that either her husband be traced or her son second appellant be granted appointment on companypassionate grounds.
In the year 1988, he was transferred from Munger to Siwan District.
He did number join at the transferred place and has been missing ever since 1988.
Thereafter the second appellant filed an application for appointment on companypassionate grounds.
Heard learned companynsel for the parties.
It is admitted by the learned companynsel for the State of Bihar that there is a scheme for appointment on companypassionate grounds as per Annexure R 2.
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.
