THE CHAIRMAN Vs. SHRI RAJ KUMAR

JUDGEMENT

(1.) Shri Roopesh Chand Purohit, an Assistant Engineer working with Rajasthan State Electricity Board, died while in service on 17.7.1999. Shri Raj Kumar, the respondent petitioner, claiming himself as an adopted son of Shri Roopesh Chand Purohit submitted an application to have appointment as Lower Division Clerk on compassionate grounds.

(2.) As per the respondent petitioner his claim for appointment was rejected under an office order/letter dated 4.9.2004 with reason that Shri Roopesh Chand Purohit at the time of his death was unmarried and validity of adoption of the respondent petitioner as son could have been settled only by a competent civil court. It was also stated that till such adjudication no appointment on compassionate grounds could have been given. In the year 2006 the respondent petitioner filed a civil suit before the court of learned Additional District Judge No.3, Jodhpur to have a decree to declare him an adopted son of Late Shri Roopesh Chand Purohit and in the suit aforesaid the present appellant was arrayed as defendant No.6. By judgment dated 1.12.2009 the civil court decreed the suit with a declaration that the plaintiff is an adopted son of Late Shri Roopesh Chand Purohit, however, the issue as to whether the present appellant was party necessary to the writ proceedings was decided against the plaintiff and in favour of the present appellant. The civil court held that the respondent No.6 is not a party necessary to the suit proceedings and was unnecessarily arrayed as defendant.

(3.) After obtaining the decree the respondent petitioner again approached the appellant respondent for his appointment on compassionate grounds being a dependent to Late Shri Roopesh Chand Purohit, however, since the same was not offered, he preferred a petition for writ that came to be accepted by the judgment impugned. Learned Writ Court while accepting the petition for writ, held and directed as under:-