1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5540/2000 Davendra Das Swami vs. State of Rajasthan & Anr. Date of order : 8/7/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Naveen Sharma for the petitioner. Shri Shiv Lal Meena, Dy. Govt. Counsel for the State. ****** This writ petition has been filed by the petitioner seeking a direction to the respondents to consider his case for appointment on the post of Class-IV on compassionate ground. It is contended that petitioner went into adoption of Manphool Das who was employed with the respondent as Class-IV employee. The deed of adoption was registered on 3.4.1995 with the consent of his wife. Aforesaid Manphool Das died on 11.8.1996. The petitioner applied for appointment on compassionate ground in his place. There was however some dispute between the widow of the deceased namely Smt. Prem Devi and the petitioner, since the widow refused to recognise the petitioner as her adopted son. The petitioner filed a 2 civil suit before Civil Judge (J.D.), Gangapurcity who on the basis of adoption deed declared the petitioner as adopted son of Manphool Das and Prem Devi as his mother. Reference is made to the concerned decree passed by the Civil Judge dated 14.9.1998. Shri Naveen Sharma, learned counsel for the petitioner has argued that initially there was some dispute between the adoptive mother of the petitioner and the petitioner and that Smt. Prem Devi, initially claimed that one Hanuman Das Swami was her adopted son but subsequently, the dispute between the parties was sorted out by way of compromise. The respondents were therefore not justified in rejecting the application of the petitioner for appointment on compassionate ground by order dated 22.6.1999. Shri Shiv Lal Meena, learned Deputy Government Counsel while opposing the writ petition submitted that adoption deed relied on by the petitioner did not contain the signature of the mother and without the consent of the mother, the adoption was void because petitioner was 19 years old at the 3 time of adoption. In fact, the widow of the deceased government employee applied for compassionate appointment of one Hanuman Dass Swami, claiming him to be her adopted son. It was argued that at such a belated stage there was no occasion for grant of compassionate appointment as the family has survived. Having heard the learned counsel for the parties and perused the relevant record, I find that death of the government servant in the present case took place on 11.8.1996 whereas the application for appointment was made in November, 1996. Now that a period of 12 years have gone now since the death, at this stage, the very object of providing compassionate appointment do not survive. The compassionate appointment is provided to the bereaved family of the govt. servant dying in harness as a measure of immediate help and succor. In the present case, where the facts are such that two persons were claiming to be adopted son of the deceased government servant and the matter went to the civil court and there they compromised only with a view to availing the appointment 4 on compassionate ground direction for consideration of the case of the petitioner for appointment at this late stage cannot in any manner is justified. The writ petition, being devoid of any merits, is hereby dismissed. (MOHAMMAD RAFIQ), J. RS/