CW 8283/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8283/2006 Madan Mohan Versus State & (2) Ors. Date of Order ::: 18/11/08 Hon'ble Mr. Justice Ajay Rastogi Dr. PC Jain, for petitioner Mr. JK Agrawal, Addl.Govt. Counsel, for respondents Instant petition has been filed by petitioner seeking compassionate appointment claiming himself adopted son under Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (“Rules, 1996”). Ninyane Singh holding post in the cadre of Class IV under subordination of respondents died while in service on 20/04/06 and as alleged left behind his family consisting of wife (Geeta Devi), daughter-Shakuntla Devi and Madan Mohan (petitiner) who claims himself as adopted son. Petitioner after death of Government servant, applied for compassionate appointment under Rules,1996 but his claim was rejected vide order dt.31/05/06 conveyed vide letter dt.06/06/06 (Ann.2) on the premise that the date (17/05/04) on which adoption was recognised and deed was got registered, petitioner had crossed 15 years; thereby adoption deed on which he claimed CW 8283/06 //2// compassionate appointment, is not in accordance with provisions of the Hindu Adoptions & Maintenance Act, 1956 (“Act, 1956”) and cannot be considered to be a legal adoption for seeking appointment under Rules, 1996. Petitioner has also placed a xerox copy of registered adoption deed dt.17/05/04 (Ann.1) on record in order to substantiate his claim that being legally adopted son of Government servant, the premise on which his application has been rejected for compassionate appointment is not legally sustainable. In reply to writ petition, respondents have inter-alia averred that since petitioner has crossed the age more than 15 years on the date of adoption deed (Ann.1) in question being registered and it being void is in contravention of conditions S.10(iv) of the Act, 1956, that certainly dis-entitles him for compassionate appointment under Rules, 1996. I have considered rival contentions of Counsel for both the parties and with their assistance, examined material on record. Rules, 1996 have been enacted for regulating recruitment of dependents of deceased Government servants on compassionate grounds. “Dependant” is defined in R.2(c) of Rules, 1996 being CW 8283/06 //3// relevant for the purpose reads ad infra: “(c) “Dependant” means a spouse, son, unmarried or widowed daughter, adopted son/adopted unmarried daughter legally adopted by deceased Government servant during his/her life time and who were wholly Dependant on the deceased Government servant at the time of his/her death. Thus, appointment can be offered under Rules, 1996 to adopted son/adopted unmarried daughter but the adopted son/daughter must be legally adopted by deceased Government servant. Adoptions are regulated by Chapter II & U/s 5 of the Act, 1956 which reads ad infra:- “5. Adoptions to be regulated by this Chapter.- (1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and by any adoption made in contravention of this said provisions shall be void. (2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.” 6. Requisites of a valid adoption. - No adoption shall be valid unless - CW 8283/06 //4// (i)the person adopting has capacity, and also the right, to take in adoption; (ii)the person giving in adoption has the capacity to do so; (iii)the person adopted is capable of being taken in adoption; and (iv)the adoption is made in compliance with the other conditions mentioned in this Chapter.” Thus, as per S.5 of the Act, any adoption if made in contravention of provisions of the Act is void and for a valid adoption, one of conditions referred to in S.6(iv), ibid, is that such an adoption should be in compliance with other conditions mentioned in Chapter II of the Act. S.10 of the Act contemplates persons who may be adopted - “10. Persons who may be adopted.- No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely :- (i)he or she is a Hindu; (ii)he or she has not already been adopted; (iii)he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; (iv)he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the CW 8283/06 //5// parties which permits persons whohave completed the age of fifteen years being taken in adoption.” S.10 of the Act, ibid, clearly postulates the persons who may be adopted and as per sub- section (iv), only such persons can be adopted who has not completed age of fifteen years unless there is a customs/usage applicable to the parties permitting persons having completed the age of 15 years being taken in adoption. In instant case, indisputably date of birth of petitioner as disclosed in application seeking compassionate appointment placed on record is 01st March, 1989; and petitioner in fact was adopted for all practical purposes from the date, adoption deed was registered on 17/05/04 (Ann.1), on which date, indisputably, petitioner had crossed the age of fifteen years and even from a perusal of adoption deed, it appears that petitioner was residing with the deceased Government servant but he was recognised as adopted son only from the date of adoption deed being registered and not prior thereto. Since petitioner completed age of fifteen years on the date when he was recognised by deceased as his adopted son by virtue of registered adoption deed, it could not be considered to be a valid adoption in conformity CW 8283/06 //6// with conditions under the scheme of the Act, 1956 (supra); and under Rules, 1996, only such adopted son could be said to be dependent who are legally adopted by government servant during his/her life time and a legal/valid adoption as referred (supra) should always be considered if it being in conformity with provisions of the Act, 1956, ibid. It is not the case of petitioner before this Court that customs or usage applicable to their family permits persons despite having completed the age of fifteen years for being taken in adoption. If that be so, still the same could be determined only by a civil court and not by this Court in its limited jurisdiction U/Art.226 of the Constitution. Consequently, writ petition fails and is and is dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.6/8283CW06-cmpsaptt.doc