VISHNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SON of petitioner No. 1 died while in service of respondent No. 3 on 24. 4. 1999. At the time of death, the deceased was working on the post of Class-IV. The deceased never married, however, adopted petitioner No. 2 as his son during his life time. As per the succession certificate issued by a competent court on 10. 4. 2000, petitioner No. 1 has received the amount of gratuity and other retiral benefits except for family pension on 4. 12. 2003. Since the compassionate appointment was also claimed by petitioner No. 2, a decree of declaration was also obtained by petitioner No. 2 from a competent court and the same was granted accordingly by the court of Civil Judge (Jr. Div.), Gangapur City on 5. 5. 2001 declaring petitioner No. 2 as adopted son of the deceased Ugrasen. Apart from claiming compassionate appointment for petitioner No. 2, the petitioners have claimed interest on the amount of gratuity, which was paid after a considerable delay as also the family pension for petitioner No. 1 being mother of the deceased.

(2.) THE respondents have disputed the adoption of petitioner No. 2 and have also submitted that petitioner No. 1 is not entitled for family pension since the parents do not come under the definition of family. So far as compassionate appointment is concerned, it has been submitted that at the time of death of the deceased petitioner No. 2, even if treated as legally adopted son, was minor. As such, compassionate appointment cannot be given.