IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4438 of 2008 DEOPATO KUNWAR, wife of late Baleshwar Singh, resident of village Bhushula, P.S. Barhara, District Bhojpur (Arrah) … Petitioner Versus 1. THE STATE OF BIHAR 2. The Deputy Secretary, Department of Home (Police), Government of Bihar 3. The Director General of Police, Bihar, Patna 4. The Deputy Director General of Police (Personnel), Bihar, Patna 5. Senior Superintendent of Police, Patna … Respondents ----------- 2. 20.4.2011 Heard counsel for the petitioner and the counsel for the State. In this case the petitioner assails the impugned order dated 27th June, 2006, whereby and whereunder the claim of the petitioner for appointment her son, Rahul Kumar Singh on compassionate ground has been rejected by holding that the story of adoption introduced by the petitioner was not acceptable to the Department inasmuch as the alleged adoption did not fulfil the requirement as prescribed by the law under the Hindu Adoption and Maintenance Act. Counsel for the petitioner would submit that such a reason given by the authority is in ignorance not only of the admitted fact of adoption of Rahul Kumar Singh, the son of the petitioner but in 2 teeth of the provision made in Hindu Adoption and Maintenance Act. In this context he would explain that all the prescribed procedures and rituals including giving and taking ceremony was performed which was duly supported by the adoptive mother, the petitioner, who had adopted Rahul Kumar Singh with his husband late Baleshwar Singh but also from the affidavit of the natural mother of Rahul Kumar Singh. In the considered opinion of this Court it would be very difficult for an authority to go into the niceties of the provisions of Hindu Adoption and Maintenance Act hereinafter referred to as the Act, for recording a finding as to whether there was a valid adoption in terms of the aforesaid Act. In a given case if there be a registered document of adoption, in terms of section 16 of the Act, there will be a presumption of adoption unless contrary is proved. There may be even other evidence created by the employee himself in his life time, such as declaration or nomination made as with regard to his adopted son which may satisfy the competent authority as with 3 regard to claim of adoption putforward by the adopted son after the life time of the deceased employee. In absence of any such clinching material the authority cannot decide this question of adoption in a summary manner and therefore, also cannot allow the claim of compassionate appointment by treating applicant as adopted son of the deceased employee. In that view of the matter, this Court for the time being will not interfere in the impugned order and would give liberty to the petitioner to file a civil suit by impleading the respondents herein also as defendants to the suit seeking declaration that he was an adopted son of late Baleshwar Singh and that by virtue of such adoption he was also entitled for being considered for appointment on compassionate ground. It goes without saying that in view of law laid down by the Division Bench judgment of this Court in the case of Kamal vs. State of Bihar & ors., reported in 1994(2) PLJR 536, an adopted son stands on similar footing as that of natural son in the matter of compassionate appointment and 4 therefore, if the Civil Court declares the petitioner as a duly adopted son of the deceased employee he definitely will have a right for being considered for appointment on compassionate ground. It is also made clear that in that event the respondents will be precluded in taking a plea of delay in appointment of the son of the petitioner on compassionate ground, inasmuch as the petitioner definitely had staked her claim for appointment of her son on compassionate ground but then the claim of such adoption was not accepted by the authority compelling the petitioner and her son to move the civil court for getting such a declaration. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/