CW 8124/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8124/06 Bhagwan Das Versus Municipal Council & Anr. DATE OF ORDER : 20/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sunil Samdaria, for petitioner Mr. Dharmendra Pareek for Mr. J.M. Saxena, for respondents *** Instant petition has been filed by petitioner seeking compassionate appointment under Rajasthan Compassionate Appointment of Dependants of Deceased Government Service Rules, 1996 [“Rules, 1996”] on account of death of her adopted mother. Petitioner happens to be son of adopted mother - a deceased civil servant, died on 14th August, 1994 while in service. Prior thereto, her husband was in employment of the respondents who died while in service and she being spouse & dependant, was given compassionate appointment in the cadre of Class IV. Later on, she too died while in service. Petitioner has placed on record a registered adoption deed Ann.13 dt.22nd April, 1988 to show that petitioner infact was adopted at the age of 7 yrs., however, deed being CW 8124/06 [2] registered at a later stage and being deceased daughter's son he was completely dependant upon her. After her death i.e. adopted mother, he submitted application on 10th November, 1994 seeking compassionate appointment which was rejected by the respondents vide order Ann.4 dt.16th March, 2002 on the premise that adoption was invalid in the eye of law as he had crossed the age of 15 yrs. on the date deed was registered and since deceased herself got compassionate appointment on account of death of her husband, the petitioner cannot further get compassionate appointment under the Rules, 1996 itself and thereafter, as alleged he made further representation even after his candidature being rejected, but respondents reiterated their decision vide order dt.20th January, 2003 informing him that his candidature was already rejected on 16th March, 2002 and he may not now undertake any further correspondence in the matter. However, the petitioner pursued through other sources when no relief was granted to him, he approached this court by instant petition. Counsel has tried to convince this court that although he has approached this court after CW 8124/06 [3] almost 12 yrs. of death of the deceased civil servant in lieu of whom he is seeking compassionate appointment, but action of the respondents rejecting his claim on both the two counts is not legally sustainable as he was adopted when he was less than 15 yrs. of age. But, a document was registered in 1988 after he crossed the age of 15 yrs. and registration of adoption deed is not the requirement under law. Thus, adoption is valid in all respect and so far as second reason assigned by the respondents that he cannot now be considered for compassionate appointment as his adopted mother was once considered, but there is no bar under the Rules, 1996 which may deprive him from consideration, denial thereof is not legally sustainable. Respondents have filed reply to the writ petition to justify that adoption infact was recognized by the deceased only after document being registered in April, 1988 and indisputably he had crossed the age of 15 yrs. on the date of document being registered. As such, in terms of Sec.10(iv) of the Act, 1956, it was not a valid adoption and was not permissible under law. CW 8124/06 [4] However, object of compassionate appointment has been considered in Umesh Nagpal Vs State of Haryana (1994(4) SCC 138), Apex Court observed ad infra: “The whole object of granting compassionate employment is thus enable the family to tide over sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The government or the public authority concerned has to examine the financial condition of the family of the deceased and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family.” Object has recently been considered by the Division Bench of this court in Balwant Singh Vs. Union of India [2007 (1) RLR-1]. In the instant case, alleged adopted mother deceased civil servant died on 14th August, 1994 and the instant petition has been filed almost 12 yrs. that itself frustrate the object seeking compassionate appointment under the Rules, 1996. Apart from it, adoption deed was recognized by the deceased only on it being registered and at that time the petitioner had crossed the age of CW 8124/06 [5] 15 yrs. which cannot be considered to be a valid adoption in terms of Sec.10(iv) of the Act, 1956. Consequently, this court finds no substance in the instant petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA8124CW06 20-1.doc