IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.14823 of 2008 (O&M) Date of Decision : 13.01.2010 Sanjeev Kumar .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Rajinder Kumar Singla, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) The petitioner seeks quashing of the orders dated 10.5.2007 (Annexure P-8) and 26.6.2008 (Annexure P-12) whereby respondent Nos.3 & 4 are insisting upon for the production of `adoption deed' by him for the purposes of releasing the death-cum-retirement-gratuity of Smt.Bimla Devi-retired JBT Teacher (since deceased). Smt.Bimla Devi was real sister of the father of the petitioner. She served the Department of Education, Punjab as JBT Teacher and retired on attaining the age of superannuation. Smt.Bimla Devi was married to Neel Kanth but they could not live together and alleged to have dissolved their marriage. The petitioner claims that Smt.Bimla Devi- his Bua, adopted him in a customary manner soon after his birth on 26.5.1976 C.W.P.No .14823 of 2008 (O&M) 2 and he was brought up by her as her own son though no formal adoption- deed was executed. Smt.Bimla Devi is said to have bequeathed all her assets to the petitioner by way of a Will dated 15.1.2001 before she passed away on 15.5.2001. The petitioner has already been declared as legal heir of Smt.Bimla Devi by the Sub Divisional Magistrate (East), Ludhiana, on the basis of the said Will and a succession certificate dated 29.3.2004 has also been issued in his favour on the strength of which the petitioner has already received the amount from the provident fund of Smt.Bimla Devi. The respondents are, however, insisting upon production of the `Adoption- Deed' to enable the petitioner to claim the death-cum-retirement-gratuity. Aggrieved, the petitioner has approached this Court. Notice of motion was issued and in response thereto, the respondents have filed their counter-reply reiterating that in the absence of any formal `Adoption Deed', the petitioner can not be treated as the legal heir of the deceased-retiree. I have heard learned counsel for the parties at some length and perused the writ records. There is no serious dispute that under the Hindu Law, a adoption can validly take place as per the prevailing customs without formalization of any adoption deed. No one has come forward to claim himself as the legal representative of Smt.Bimla Devi, except the petitioner. The fact that the deceased-retiree executed a Will bequeathing her assets to the petitioner, is yet another strong circumstance to strengthen C.W.P.No .14823 of 2008 (O&M) 3 the petitioner's plea. There is also no denial to the fact that had there been any formal `adoption deed' of taking the petitioner in adoption by Smt.Bimla Devi, he would have been eligible to receive the death-cum- retirement-gratuity of Smt.Bimla Devi. Since no one except the petitioner has come forward to claim death-cum-retirement-gratuity of the deceased-retiree and the petitioner is already supported with the succession certificate issued by the competent authority, which in turn is based upon the Will executed by the deceased- Smt.Bimla Devi, I am of the considered view that the petitioner has made out a case for the release of death-cum-retirement-gratuity in his favour. In order to safe-guard the State's interest for some reasonable period, the petitioner is directed to furnish indemnity bond to the satisfaction of the respondents alongwith an affidavit to the effect that except him there is no other legal representative(s) of the deceased-Smt.Bimla Devi. On furnishing these documents, the respondents shall release the death-cum- retirement-gratuity to the petitioner within a period of one month. Disposed of. Dasti. 13-01-2010 (SURYA KANT) Mohinder JUDGE