VINITA SHARMA Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Instant petition is directed against the order of the Central Administrative Tribunal, Jaipur ( for short, 'Tribunal')dt.03/06/2005 dismissing the Original Application ( for short, the 'OA') No.248/2005 filed by the petitioner seeking compassionate appointment claiming herself to be adopted daughter of the deceased employee (late Shri Brij Mohan Sharma).

(2.) Brief facts, which are required for examining the dispute are that late Shri Brij Mohan Sharma was an employee of the respondent-department and while holding the post of Fitter, died on 09/02/2002. He had executed a registered adoption deed on 13/01/1998 adopting the petitioner while she was of the age of 25 years, however, in view of Sec. 10(4) of the Hindu Adoption and Maintenance Act, 1956, he was not capable to adopt the petitioner but the plea of the petitioner throughout was that her case lies in the exception clause attached to the sub sec. 4 to Sec.10 of the Act, 1956 wherein if there is a custom or usage applicable to the parties which permits a person, who has completed the age of 15 years can be taken in adoption and if Sec. 10(4) is read with Sec. 16 of the Act, 1956, a presumption has to be drawn if there being a registered document, which was produced after death of the Government servant, claiming herself to be nominee and is adopted daughter. In this regard, the petitioner approached the authorities for release of terminal benefits and when it was not accepted by the administration, Original Application NO.40/2004 came to be filed before the Tribunal which was dismissed vide order dt.15/05/2005 and it was observed that the petitioner has liberty to avail remedy which the law permits.

(3.) It has been informed that after the order of the Tribunal, the petitioner approached the competent court of jurisdiction for obtaining succession certificate which was granted to her pursuant thereto terminal benefits, which were due to the Government employee who died while in service, were released by the department in favour of the petitioner.