MD AMIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) NO one appears on behalf of the petitioner. Yesterday, i.e., on 23.07.2012 also there was no representation on behalf of the petitioner on call. This writ application is, therefore, being decided on the basis of pleadings in the writ application and the counter affidavit filed on behalf of the respondents.

(2.) THE petition has been filed for a direction to respondents to appoint the petitioner on the post of constable in Bihar Police on compassionate ground as the petitioners father Late Md. Kasim died on 02.04.1998 as constable of Bihar Military Police (B.M.P.-9) at Jamalpur, Munger.The petitioner has also sought for quashing of Memo No.1377/P2 dated 01.04.2002 whereby his claim for appointment on compassionate ground has been rejected by the office of the Director General and Inspector General of Police, Bihar.

(3.) TWO counter affidavits have been filed; one on behalf of respondents no. 2 to 4 and the other on behalf of respondent no. 5, the Commandant, B.M.P. � 9, Jamalpur, Munger. The consistent stand in the counter affidavit filed by the officials respondent is that there is no provision for adoption in the Muslim Personal Law and, therefore, the petitioners claim for compassionate appointment was rejected. In the background of the controversy as above mentioned, the only question which requires consideration is as to whether the petitioner can be treated as a son of the deceased employee, not being his natural son under the Muslim Personal Law. In other words, whether the Muslim Personal Law recognizes ,,filial relationship in any form other than a child by birth.