RONAK JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 2/1/2019 (Annex.-4) vide which the application of the petitioner for compassionate appointment has been rejected on the ground that the adoption of a child above 15 years of age is not a valid adoption in terms of Sec. 4 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'Act of 1956').

(2.) The case of the petitioner is that he was adopted by late Smt. Nirmala vide a registered adoption deed dtd. 2/2/2018. Smt. Nirmala was a Class-IV employee with the respondent Department and she expired on 12/2/2018. After her death, the petitioner applied for compassionate appointment in terms of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The petitioner submitted that he being the legally adopted son of the deceased, is entitled for compassionate appointment in terms of Rules of 1996. The said application of the petitioner was rejected on the premise that on the alleged date of adoption, he was above 15 years of age and in terms of Sec. 4 of the Act of 1956, the person above 15 years of age cannot be adopted unless and until, the same is permitted by the custom or usage applicable to the parties.

(3.) Learned counsel for the petitioner relied upon the judgment of this Court passed in the case of Motilal Jingar v. State of Rajasthan and Ors.; S.B. Civil Writ Petition No. 2040/2018, decided on 10/7/2018. He submitted that in Motilal Jingar's case (supra) also the relevant Clause of the adoption deed was almost akin to the Clause in the present adoption deed. While deciding Motilal Jingar's case (supra), this Court came to the conclusion that the said Clause of the adoption deed was sufficient to prove that the customary adoption was in existence in the respective custom of the concerned parties. The Clause of the adoption deed in Motilal Jingar's case (supra), read as under:-