CW 5246/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5246/2006 Ravi Kumar Sain Versus State & Ors. Date of Order ::: 20/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Raj Tantia, for petitioner Mr. JK Agrawal, Govt. Counsel, for respondent-State Instant petition has been filed by petitioner claiming himself as adopted son of Phula Bai who died while in service on 23/12/94 holding post of Class IV in Govt. Girls Secondary School, Naraina Jaipur. As alleged in the petition, Smt. Phula Bai was working as Class IV employee since 07/08/63 in the Department of Education and died while in service on 23/12/94 – prior thereto, petitioner as alleged being dependent & adopted son residing with her but legal document was created after her death by her husband who claims to be adoptive father of petitioner; and adoption deed was registered on 23/01/95 (Ann.2). Claiming himself as adopted son of deceased Govt. servant, petitioner submitted application seeking compassionate appointment, which was rejected by respondents vide letter dt.17/03/04 on the premise that the deceased servant died on 23/12/94 while deed of adoption CW 5246/06 //2// was created after her death; as such petitioner could not be considered to be legally adopted son & dependent upon deceased government servant as provided U/r 2(c) of Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 (“Rules, 1996”). “Dependant” is defined in R.2(c) of Rules, 1996 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 an adopted son who must be legally adopted by deceased Government servant during his/her life time and who was wholly Dependant on the deceased Government servant. Counsel for petitioner submits that once petitioner has been duly adopted in accordance with provisions of Hindi Adoption & Maintenance Act, 1956, he can be considered as legally adopted son for all practical purposes and as dependent of deceased Government servant for seeking compassionate appointment under Rules, 1996. Submission made by Counsel for CW 5246/06 //3// petitioner is without any substance for the reason that the Government servant died while in service on 23/12/94 while adoption deed was got registered on 23/01/95 after one month of her death; and U/r 2(c) of Rules, 1996, one has to be legally adopted by Government servant and ought to have been dependent upon her/him during her/his life time – in absence whereof, petitioner can not be considered to be adopted son & dependent for seeking compassionate appointment under Rules, 1996 apart from it, his adoptive father is alive and certainly he is found to be dependent upon him for all practical purposes. Consequently, writ petition being without merit, is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.3/5246CW06-20Jn-CmpsApptt.doc