LAWS(RAJ)-1999-2-15

KALU RAM Vs. STATE OF RAJASTHAN

Decided On February 25, 1999
KALU RAM Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner in the capacity of an adopted son of a deceased Government Servant, has approached this Court seeking appointment on compassionate grounds under the provisions contained in the Rajasthan Recruitment of dependents of Government Servants Dying While in Service Rules, 1975 (for short `the Rules of 1975' ).

(2.) THE grievance expressed by the petitioner in the instant petition is that he was taken in adoption by Kesha Ram who died on 18. 1. 1973 while working as Forest Guard. At the time of death of Kesha Ram, the petitioner was four years of age. On 20. 4. 1993, widow of Kesha Ram executed adoption deed and got it registered. THE petitioner sought appointment on compassionate grounds in the capacity of adop-ted son of Kesha Ram but the request of the petitioner was turned down on the ground that he was not the near relative of late Kesha Ram.

(3.) UPSHOT of the above discussion is that alleged adoption of the petitioner according to custom during the life time of Kesha was void and adoption through registered deed by Smt. Kesar Devi was for herself and prospective. Thus the case of the petitioner is not covered u/r. 2 (f) of the Rules of 1975 as he was not adopted according to the provisions of law.