LOVENEET SHARMA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The question to be considered in this case is whether an adopted son can claim compassionate appointment claiming through his adopted father, Suresh Kumar who was a Constable in Punjab Police. Adoption is claimed through an unregistered adoption deed. The petitioner is the natural son of Sudesh Kumar and Saroj @ Kavita Sharma and brother of late Ct. Suresh Kumar. The petitioner's natural father passed away two decades ago. The petitioner was six years old when he was given in a family adoption. Suresh Kumar and Sudesh Kumar were siblings born to Ram Sharan. When Constable Suresh Kumar died in 1995 his father Ram Sharan requested Government for providing compassionate appointment to the petitioner after he attains the age of majority. The petitioner's grandfather died on December 28, 1996. The petitioner completed his education in 2007 and is a 10+2 from the Punjab School Education Board appearing as a private candidate. The date of birth of the petitioner is April 27, 1987 which makes him about 28 years old today. The case of the petitioner for compassionate appointment was considered and filed due to non-availability of requisite adoption certificate. The appellate authority being the DIG, Punjab Police, Jalandhar Range has not found favour for appointment from priority list and the instructions issued by the Punjab Government in this behalf. The adopted father Constable Suresh Kumar died on April 02, 1995 due to heart failure. The petitioner had earlier approached this Court through CWP No.28577 of 2013 which was disposed of on August 05, 2014 by a Coordinate Bench by passing the following order:-

(2.) In the wake of that order, the present petition has been filed claiming compassionate appointment on the strength of being the adopted son of late Constable Suresh Kumar and was dependent on him till death. In the inquiry held by the competent authority at Kapurthala regarding the request for compassionate appointment an elaborate report was made which is at Annexure P-25 the gist of which that late Constable Suresh Kumar was appointed in District Police on December 09, 1987. As said before he died on April 02, 1995 due to illness. He was married to Smt. Sunita and was divorced from her on March 02, 1993. No child was born to the couple. The deceased did not leave behind any nominee. His pensionary benefits were paid to his mother Smt. Parkash Rani as per dependent certificate issued by the Deputy Commissioner, Amritsar in 1995. She was the only dependent of the decedent Constable. Smt. Parkash Kaur died on February 21, 2008. Her husband Ram Sharan Dass pre-deceased her. The adoption deed was not registered nor is it mentioned in the service record of the family pension case. His natural mother Kavita Rani had applied on behalf of the petitioner claiming him to be adopted son of Suresh Kumar, her husband's brother. The claim was made on the basis of bloodline. It was revealed in the office of the Deputy Commissioner, Amritsar that copies of adoption documents provided by the applicant have been found to be registered but it seems that it was much after the death of Suresh Kumar. As per dependent certificate No.8706/MA dated April 02, 1995 issued by the Deputy Commissioner, Amritsar the name of the petitioner is not mentioned as legal heir or as adopted son or as a dependent member of Suresh Kumar. The twin test of adoption deed duly registered at the time of adoption or thereabout and on dependency are inchoate and there is no firm evidence regarding them to reach any firm conclusion on valid adoption. The case of the petitioner was not found falling in the eligibility criteria prescribed in the instructions for appointment on priority basis in place of late Constable Suresh Kumar. In the investigation, the conclusion was reached that the claim is based solely on an adoption deed and no truth was found in the application for compassionate appointment and it was proposed that the file be closed. It is based on this report that the request of the petitioner has been declined vide Annexure P-26 dated March 26, 2013.

(3.) In view of these skeletal facts, no vested or accrued right appears to vest in the petitioner to claim compassionate appointment only on the basis of an unregistered adoption deed which is recorded on a stamp paper of Rs.50/- and a copy of which has been placed at Annexure P-12 in translation. The adoption deed was scribed on October 31, 1994. The adoption deed followed the divorce and dissolution of marriage in 1993 between Suresh Kumar and his wife.