MOTILAL JINGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the petitioner was adopted by Late Smt.Laxmi Jingar on 06.05.2015, and the adoption deed was registered on 25.05.2015 before the Sub Registrar, Sirohi. Smt.Laxmi Jingar, while discharging her duties as Upper Division Clerk with the respondent-Department, expired on 31.01.2016. The petitioner applied for compassionate appointment, being legally adopted son of deceased Smt.Laxmi Jingar, by way of submitting application dated 24.02.2016, alongwith the complete required documents. The Superintending Engineer, PHED, Sirohi forwarded the matter to the Chief Engineer vide letter dated 25.04.2016.

(3.) The aforementioned application of the petitioner seeking compassionate appointment has been rejected by the Chief Engineer vide letter dated 01.05.2017, on account of the matter having been sent to the Personnel Department and information having been received therefrom to the effect that as per Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956 (in short, 'the Act of 1956'), only a person, who has completed fifteen years of age, can be taken in adoption, while the petitioner's age at the time of adoption was seventeen years, and Late Smt.Laxmi Jingar had also informed the Department regarding the said adoption of the petitioner, as required by the circular dated 26.08.2006.