Husband missing for 7 years: How Chhattisgarh woman won HC nod for central government pension

A woman’s hubby went missing and she was asked to vacate his institution quarters, adjacent arsenic the institution initiated disciplinary action. The Chhattisgarh High tribunal ruled successful the wife’s favour granted her cardinal authorities pension benefits nether CCS rules.

Here’s what the lawsuit is about:Mr. Vikash, aged 49, faced intelligence wellness problems anterior to his disappearance. He held the presumption of elder technician (electrical) astatine Bhilai Steel Plant (BSP), an endeavor nether the Steel Authority of India (SAIL), according to an ET report. His woman registered an FIR with the constabulary connected January 14, 2010. She subsequently published a missing idiosyncratic advertisement successful the section paper connected February 18, 2010.The Station House Officer of Rajhara Police Station subsequently informed the General Manager of BSP astir the employee's disappearance. BSP disregarded Vikash's missing presumption and issued a charge-sheet connected December 11, 2010, sending it to some his addresses. The documents were returned un-served arsenic helium remained untraceable.The ET study said that BSP past proceeded to station proceeding notices connected their announcement committee regarding the enquiry committee proceedings.

They conducted ex parte proceedings, and the Enquiry Officer submitted an ex parte study connected May 12, 2011. Subsequently, BSP's disciplinary authorization issued an bid connected September 17, 2011, terminating Vikash's employment and requiring abrogation of the institution accommodation wrong 30 days. Through a writ petition, this was challenged - it was aboriginal redirected to the Central Administrative Tribunal (CAT).Also Read | Six years aft receiving wage arrears, retired employees were told to repay the full magnitude - until this Supreme Court ruling changed everythingThe CAT accepted the transferred petition and invalidated the husband's work termination order.

CAT was of the presumption that contempt being informed astir Vikash's missing status, BSP proceeded with a departmental enquiry against him and attempted announcement delivery, including posting it connected the announcement board.CAT reversed the disciplinary authority's determination to terminate the BSP employee's service. Additionally, it instructed BSP to supply each consequential benefits to the woman wrong 3 months of the order's connection and guarantee the woman and her household clasp their institution accommodation.

Subsequently, SAIL/BSP, Bhilai challenged this CAT ruling successful the Chhattisgarh High Court.

Husband missing: Why did Chhattisgarh High Court regularisation successful favour of woman for pension benefits?

On September 22, 2025, the Chhattisgarh High Court ruled successful favour of the wife. The tribunal determined that CAT made nary ineligible mistake successful ordering outgo of consequential benefits to the wife, fixed her husband's disappearance since January 14, 2010. Consequently, she has go eligible for each service-related benefits, including CCS (Central Civil Services) Pension.The Division Bench comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal deliberated connected whether a civilian court's declaration would beryllium indispensable considering Section 108 of the Indian Evidence Act, 1872.According to the ET report, the applicable proviso nether Section 108 of the Evidence Act states: "108. Burden of proving that idiosyncratic is live who has not been heard of for 7 years.—Provided that erstwhile the question is whether a antheral is live oregon dead, and it is proved that helium has not been heard of for 7 years by those who would people person heard of him if helium had been alive, the load of proving that helium is live is shifted to the idiosyncratic who affirms it.

"According to the Evidence Act's Section 108, a presumption of decease tin beryllium established nether circumstantial conditions. The Chhattisgarh High Court indicated that erstwhile an idiosyncratic remains unheard from for 7 years by those who would usually person received quality of them, a wide decision regarding their presumed decease tin beryllium drawn astatine the constituent erstwhile the substance is considered.The Supreme Court's judgement successful Ramrati Kuer (AIR 1967 SC 1134) established the rule that an idiosyncratic who remains unheard of for 7 years is presumed dead.Also Read | Income Tax section doubts Rs 10 lakh acquisition - member gets taxation announcement for currency received from sisters; however helium appealed & won the caseThe Chhattisgarh High Court clarified that a declaration nether Section 34 of the Specific Relief Act, 1963 regarding presumed decease is indispensable nether Section 108 of the Evidence Act lone erstwhile the facts are definitive oregon uncontested.For the contiguous matter, since it is established that the hubby has not been heard from for implicit 7 years, a declaration nether Section 34 of the Specific Relief Act was deemed unnecessary.Reference was made to the Calcutta High Court ruling successful Tara Devi and different v. Bank of India 2024 SCC OnLine Cal 5549The Chhattisgarh High Court said: "In presumption of the aforesaid presumption and successful airy of the determination of the Supreme Court successful Ramrati Kuer, since the hubby of responsive No.1 has not been heard of for much than 7 years, helium is presumed to beryllium dead."The High Court besides addressed the substance concerning the wife's ineligible lasting to taxable an exertion to CAT.The Court noted that responsive No.1, being the woman and babelike of the missing BSP employee, relies connected his income to enactment herself and her family.The Court observed that immoderate departmental enquiry starring to termination would straight interaction the fiscal sustenance of the BSP employee's wife.The Chhattisgarh High Court clarified that the Office Memorandum issued by the Union of India connected April 28, 2022 extends its applicability to BSP. The memorandum explicitly states that for authorities employees governed by the CCS (Pension) Rules, 1972 who spell missing, their families are entitled to person benefits including wage arrears, household pension, status gratuity, and permission encashment. These provisions align with the directives outlined successful the Office Memorandum dated June 25, 2013.Additionally, arsenic antecedently established, her hubby was considered deceased nether Section 108 of the Evidence Act.Also Read | PPF rules: Why Kerala High Court ordered a parent to instrumentality other involvement earned successful children’s Public Provident Fund accounts - explained