JITENDRA KUMAR SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By filing this writ petition, under Article 226 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of order dtd. 17/11/2021 (Annexure P-1); whereby the claim of the petitioner for being appointed on compassionate ground in lieu of his deceased father Late Shri Kishori Lal Napit has been turned down on the ground that the petitioner is not a legally adopted son of the deceased-employee and, therefore, in view of Clause 2.5 of the Circular dtd. 29/9/2014, the petitioner is not eligible for appointment on compassionate ground.

(2.) The core issue involved in this petition is whether a son adopted after the death of an employee, has a right of consideration for compassionate appointment ?

(3.) The brief facts necessary for adjudication of this case are that the petitioner is claiming himself as adopted son of the deceased Government employee Shri Kishori Lal Napit, who was working as Assistant Teacher at Government Primary School, Dushyara, District Tikamgarh. The deceased-employee died in harness on 5/10/2020. The petitioner, herein, was dependent on the earning of the deceased employee since the time he was 5 years old till his death. The biological father of the deceased herein was the younger brother of the deceased employee. The deceased-employee and his wife Smt. Pushpa Napit were childless and, therefore, the petitioner was residing as Dattak Putra/adopted son after proper agreement in presence of the elder members of the society. It is clearly stated that there was no adoption deed at the relevant time. After the death of the Government employee, the petitioner being the sole dependent, applied for grant of compassionate appointment on 15/3/2021. Thereafter, the respondent-department communicated to the petitioner that a valid adoption deed is required for the purpose of consideration of his application. On receiving such letter, the wife of Late Shri Kishori Lal Napit as well as the petitioner took proper steps before the competent Court of Law vide MJC GW No.09/2021, decided on 9/10/2021; wherein it was admitted that the petitioner has been residing with Late Shri Kishori Lal Napit since he was 5 years old and declared the petitioner as the adopted son of Smt. Pushpa Napit.