MAYUR SAXENA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By way of this writ petition, the petitioner is seeking directions to the respondents to make payment of amount of gratuity of his deceased father as also the family pension.

(2.) Precisely, the case set out by the petitioner is that late Shri Buddhi Prakash Saxena, who was employed as Store Attendant in the Department of Public Works, Government of Rajasthan, expired on 18/7/2014. The petitioner claiming himself to be adopted son of the deceased employee, raised claim for the payment of gratuity amount of his adoptive father as also the family pension, by way of notice for demand of justice, but to no avail. Hence, this petition.

(3.) Learned counsel appearing for the petitioner contended that the petitioner was adopted by his adoptive father late Shri Buddhi Prakash when he was 5 years of age, however, the adoption deed was executed on 29/1/2014. Learned counsel submitted that the factum of adoption when the petitioner was still minor is specifically mentioned in the adoption deed and therefore, the action of the respondents in denying the payment of gratuity and other benefits to the petitioner is ex facie illegal and arbitrary.