SBCWP4956/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.4956/2010 Vishnu Kumar Sharma Vs. The State of Rajasthan and Others Date of Order ::: 12.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Mahesh Gupta, Counsel for petitioner #### By the Court:- Order impugned in present writ petition is dated 02.03.2010, by which respondent No.3, the District Education Officer (Secondary, Dausa, has rejected petitioner's application for compassionate appointment on the ground that he is not legally adopted son of deceased government servant Smt. Prem Devi Sharma as per provision of Hindu Adoption and Maintenance Act. Although learned counsel for petitioner sought to dispute such facts by citing will executed by deceased government servant Smt. Prem Devi Sharma and orders of the respondents granting him other benefits but I find that the said facts and orders are not of any help to petitioner. The due service benefits of SBCWP4956/2010 // 2 // deceased were paid to petitioner on the strength of his nomination and payment thereof by itself may not be a proof of his adoption. Petitioner, if feels aggrieved of the action of respondents on this question, is always free to file an appropriate civil suit for getting declaration of his being adopted son of deceased government servant. This court in the scope of writ jurisdiction under Article 226 of the Constitution of India cannot make any such declaration in favour of petitioner. Because no adoption deed as such has been produced by petitioner nor he has otherwise asserted that any such adoption-deed was ever executed during lifetime of deceased government servant. Writ petition is disposed of with aforesaid liberty. (Mohammad Rafiq) J. //Jaiman//