1 S.B.CIVIL WRIT PETITION NO. 2879/2007 Chandu Lal Jain Vs. State of Rajasthan & Ors. Date of Order :: 2.4.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Shambhoo Singh, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. ... The petitioner claimed appointment on compassionate ground being son of late Sh. Pannalal who died on 16.7.2002 while in service of the Government of Rajasthan. The respondents denied appointment to the petitioner on the count that his elder brother Sh. Devi Lal was already in government service. While challenging the decision of the Government not to provide appointment to the petitioner on compassionate grounds the contention of learned counsel for the petitioner is that Sh. Devi Lal, the elder brother of the petitioner was already given in adoption as son to Sh. Gautam Lal S/o Roopchand Jain resident of Kanba on 3.4.1991, thus, he was not a member of the family of the deceased government servant. A copy of the adoption deed is also placed on record by the petitioner. From perusal of the adoption deed it appears that on 3.4.1991 Sh. Devilal was married and he was also above the age of fifteen years. In view of the provisions of Section 10 of the Hindu Adoption and Maintenance Act, 1956 such adoption is not valid, if, 2 custom and usages do not permit otherwise. In the instant matter nothing is shown by the petitioner that as per custom and usages applicable to his family and caste an adoption could have been made otherwise than with the conditions referred in Section 10 of the Act of 1956. For the reasons stated above Sh. Devilal is to be treated as member of the family of late Sh. Pannalal, and therefore, he being already in government employment, no appointment to the petitioner can be granted on compassionate grounds. The petition for writ is accordingly dismissed. (GOVIND MATHUR), J. Jgoyal