Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | C.A. No.-014786-014786 – 2024 |
| Diary Number | 35623/2024 |
| Judge Name | HON’BLE MR. JUSTICE PANKAJ MITHAL |
| Bench |
HON’BLE MR. JUSTICE PANKAJ MITHAL HON’BLE MR. JUSTICE PRASANNA B. VARALE |
| Precedent Value | Binding |
| Overrules / Affirms | Sets aside High Court order – affirms principles in LIC v. Anuradha (2004) |
| Type of Law | Interpretation of Civil-Death presumption (Evidence Act) and Compassionate Appointment procedure |
| Questions of Law |
|
| Ratio Decidendi | The date of presumed death under Section 108 of the Indian Evidence Act is the expiry of seven years from disappearance unless a precise date is proved. A civil-death decree merely confirms the presumption of death post seven years, without fixing an exact date. Where a family has accepted retirement benefits and pension of a missing employee treated as in service, the heir cannot claim compassionate appointment on the basis of an unproved death date. The High Court erred in directing immediate appointment instead of remitting for consideration against prescribed norms. |
| Judgments Relied Upon | LIC vs. Anuradha (2004) 10 SCC 131 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court |
|
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts |
| Overrules | High Court order dated 18.07.2024 in Writ Petition No. 913/2024 |
| Follows | LIC vs. Anuradha (2004) 10 SCC 131 |
What’s New / What Lawyers Should Note
- Clarifies that under Section 108 Evidence Act, civil death is presumed only after seven years from disappearance, not on the date of absence.
- A civil-death decree does not itself fix a specific date of death; that requires direct or circumstantial proof.
- Acceptance of retirement benefits and pension by family members bars subsequent compassionate-appointment claims based on death of the employee.
- High Courts must direct compassionate-appointment claims back for consideration on merits and prescribed conditions, not grant automatic appointments.
Summary of Legal Reasoning
- The High Court had directed immediate compassionate appointment by treating the date of disappearance (01.09.2012) as date of death.
- Section 108, Indian Evidence Act, provides a presumption of death only after expiry of seven years from disappearance; the burden of proving an exact date or time rests with the claimant.
- LIC vs. Anuradha establishes that a civil-death decree confirms only the fact of presumed death, without fixing date or time.
- The decree of 11.01.2022 did not specify any death date.
- On absence of proof, father is presumed dead on 01.09.2019 (seven years post disappearance).
- The father was treated as in service until retirement on 31.01.2015; family accepted retrial benefits and pension.
- Having accepted those benefits, respondent cannot claim compassionate appointment.
- High Court erred in directing outright appointment; case must be remitted for fresh consideration against statutory and policy norms.
Arguments by the Parties
Appellants (Commissioner, Municipal Corporation):
- Civil-death arises only after seven years of unexplained absence; no proof of death date on 01.09.2012.
- Family accepted retirement benefits and pension; precludes fresh compassionate appointment.
Respondents (Heirs of Missing Employee):
- Civil-death decree dated 11.01.2022 relates back to disappearance date of 01.09.2012; entitles to compassionate appointment.
Factual Background
A municipal-corporation employee went missing on 01.09.2012. In January 2022 a Civil Court granted a decree of civil death without fixing a precise date. Meanwhile, the missing employee was treated as in service until retirement on 31.01.2015; the family received all retirement benefits of Rs. 6,49,000 and a monthly pension of Rs. 12,000. The High Court directed the Corporation to treat 01.09.2012 as date of death and to issue a compassionate-appointment order in favour of the employee’s son. The Corporation appealed.
Statutory Analysis
- Section 108, Indian Evidence Act, 1872: presumption of death after seven years of unexplained disappearance; no date of death is fixed unless claimant adduces direct or circumstantial evidence.
- Civil-death decree under Code of Civil Procedure recognizes only the presumption post seven years; cannot be used to assert an earlier death date without proof.
Dissenting / Concurring Opinion Summary
No separate dissenting or concurring opinions were delivered; the two-judge Bench authored a unanimous judgment.
Procedural Innovations
No novel procedural mechanisms or suo motu directives were introduced beyond established practice under Section 108, Indian Evidence Act.
Alert Indicators
- ✔ Precedent Followed – Affirms LIC vs. Anuradha (2004) principles on civil-death presumption.