SUNIL CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Seeking compassionate appointment, this writ petition was filed by the petitioner who claims to be the adopted son of a group D staff in Kanua Bhawanipur Junior High School, Malda as the adoptive father died in harness. The learned counsel on behalf of the respondents raised objection to such claim on a contention that the rules do not provide for compassionate appointment in favour of adopted son.

(2.) Considering the aforesaid contentions of the respective parties, I find that the rule permits compassionate appointment in favour of a son of the deceased employee if he dies in harness. The law as contained in section 3(42) of the General Clauses Act, and section 12 of the Hindu Adoption and Maintenance Act treat the adopted son also as a son. Law in this connection has been decided in the case of Sarat Chandra Das v. Revenue Officer reported in 1994(1) CLT 395, wherein the status of an adopted son is considered in respect of deciding land ceiling and obligation under the West Bengal Land Reforms act, 1955. Considering the definition of family which includes sons and daughters without expressly excluding adopted sons or daughters, an adopted child was considered to be a member of a family of a raiyat. Law has been also considered in the case of Kamal Ranjan v. State of Bihar reported in 1995 Lab. IC 2652 decided by a Division Bench of Patna High Court while considering the question of compassionate appointment in view of a claim by an adopted son of a deceased employee. Taking into consideration the law contained in section 12 of the Hindu Adoption and Maintenance Act, 1956, it was decided by the said Division Bench that an adopted son is also entitled to appointment on compassionate ground.

(3.) In view of the aforesaid and respectfully agreeing with the view expressed by the Division Bench of Patna High Court, I also hold that the petitioner's claim cannot be rejected as he is an adopted son. But it has to be found out on fact whether there was a valid adoption in case of the petitioner. This will require an enquiry into the facts which is to be considered in the background of law.