MADHUSUDAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ application the petitioner seeks to have the Government order dated 15. 1. 94 (Annexure-7) quashed, so far as it relates to the petitioner. It may be noted that by this order the petitioner was deprived employment on compassionate ground on the ground that the relevant circular did not apply to the adopted son. That circular is dated 5. 10. 1991 and is Annexure- 8 to the writ application. That portion of the circular, which debarred an adopted son to be employed on the compassionate ground, was set aside by a bench decision of the Court in Kamalranjan vs. State of Bihar and others (1994 PLJR 536 ). Now this very ground has been taken to deprive the petitioner for getting employment on compassionate ground.

(2.) MR. Katriar also pointed out with reference to section 15 of the Hindu Adoption and Maintenance Act, 1956 that no adoption which has been validly made could be canveiled by adopting father or mother or any other person nor could the adoptee child himself renounce such status as to return to the family of his birth. He says that being so, the circular dated 5. 10. 1991 could not deprive an adopted child. Since the matter has already been settled by an authoritative decision of this Court mentioned aforesaid, this writ application has to be allowed.

(3.) WE, accordingly, quash the order dated 15. 1. 94 and direct the respondents to consider the case of the petitioner for his employment on compassionate ground ignoring the circular dated 5. 10. 1991, which deprives the adopted child to be employed on compassionate ground. The decision by the District Level Compassionate Committee shall be taken within two months from Today. Let copy of this order be given to both arties.