MANOJ KUMAR Vs. JODHPUR VIDYUT VITRAN NIGAM LTD

JUDGEMENT

(1.) HEARD learned counsel for the parties. The instant writ petition has been filed by the petitioner for seeking direction to the respondents to provide appointment on compassionate ground. As per facts of the case, petitioner is claiming compassionate appointment on the ground that he is adopted son of late Shri Babu Lal Banjara and Meera Devi and to prove this fact, learned counsel for the petitioner has placed on record order 29.04.2011 (Annex. 4) passed by Additional District Judge, Aburoad, Sirohi whereby the application filed by the petitioner under Sec. 372 of Indian Succession Act was allowed while accepting the fact that petitioner is adopted son of late Shri Babu Lal Banjara and Meera Devi.

(2.) LEARNED counsel for the petitioner submits that in the proceeding of application under Sec. 372 of Indian Succession Act, the Jodhpur Vidyut Vitran Nigam Ltd. was one of the party and after taking into consideration entire facts of the case and the fact that Jodhpur Vidyut Vitran Nigam Ltd. did not file any reply to controvert the said fact allowed the application on the ground that petitioner is adopted son of late Shri Babu Lal Banjara and Meera Devi. Learned counsel for the petitioner submits that once in the judicial proceedings, the fact of adoption is accepted then there is no question of denial of appointment to the petitioner for appointment on compassionate ground, therefore, the respondents -Jodhpur Vidyut Vitran Nigam Ltd. may be directed to provide appointment to the petitioner on compassionate ground being adopted son of late Shri Babu Lal Banjara and Meera Devi.

(3.) ADMITTEDLY in the proceedings initiated by the petitioner for obtaining succession certificate under Sec. 372 of Indian Succession Act, it was specifically pleaded by the petitioner that he is adopted son of late Shri Babu Lal Banjara and Meera Devi upon the said fact the additional District Judge, Aburoad, Sirohi declared that the petitioner is successor of late Shri Babu Lal Banjara and Meera Devi while accepting the fact that petitioner is adopted son of late Shri Babu Lal Banjara and Meera Devi.