BHAGWAN DAS Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner seeking compassionate appointment under Rajasthan compassionate Appointment of Dependants of deceased Government Service Rules, 1996 [rules, 1996] on account of death of her adopted mother.

(2.) PETITIONER happens to be son of adopted mother -a deceased civil servant, died on 14th august, 1994 while in service. Prior thereto, her husband was in employment of the respondents who died while in service and she being spouse and dependant, was given compassionate appointment in the cadre of Class IV. Later on, she too died while in service. Petitioner has placed on record a registered adoption deed Ann. 13 dt. 22nd April, 1988 to show that petitioner infact was adopted at the age of 7 yrs. , however, deed being registered at a later stage and being deceased daughter's son he was completely dependant upon her. After her death i. e. adopted mother, he submitted application on 10th November, 1994 seeking compassionate appointment which was rejected by the respondents vide order Ann. 4 dt. 16th March, 2002 on the premise that adoption was invalid in the eye of law as he had crossed the age of 15 yrs. on the date deed was registered and since deceased herself got compassionate appointment on account of death of her husband, the petitioner cannot further get compassionate appointment under the Rules, 1996 itself and thereafter, as alleged he made further representation even after his candidature being rejected, but respondents reiterated their decision vide order dt. 20th January, 2003 informing him that his candidature was already rejected on 16th March, 2002 and he may not now undertake any further correspondence in the matter. However, the petitioner pursued through other sources when no relief was granted to him, he approached this court by instant petition.

(3.) COUNSEL has tried to convince this court that although he has approached this court after respondents have filed reply to the writ petition to justify that adoption infact was recognized by the deceased only after document being registered in April, 1988 and indisputably he had crossed the age of 15 yrs. on the date of document being registered. As such, in terms of sec. 10 (iv) of the Act, 1956, it was not a valid adoption and was not permissible under law.