1 S.B.CIVIL WRIT PETITION NO.7960/2008 Hemant Kumar v. J.V.V.N.Ltd., Jodhpur & Ors. Date of Order :: 19 th November, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Ms. Anupama Sharma, for the petitioner. Mr. Manoj Bhandari, for the respondents. .... As a consequent to regular process of selection, by an order dated 5.9.2008, an appointment was given to the petitioner as Technical Helper (Wireman). By an another order dated 16.9.2008, the Superintending Engineer, O & M, Jodhpur Vidhyut Vitran Nigam Ltd., Pali posted the petitioner in the office of the Assistant Engineer, Discom, Mount Abu. The Assistant Engineer, O & M, Discom, Mount Abu refused to accept joining of the petitioner as there was some discrepancy in his parentage. It was pointed out by the Assistant Engineer that in some of the documents produced by the petitioner his father's name is shown as Dalchand, whereas in some document it is shown as Rajkumar Dalchand. While seeking a direction for the respondents to allow the petitioner to join duties as Technical Helper in pursuant to the order of appointment, it is stated by the petitioner that at the time of interview on 3.12.2006 itself the 2 petitioner submitted an affidavit stating therein that as a consequent to separation of his parents by way of divorce he was living with his maternal grand father whose name is Dalchand, therefore, in some documents Shri Dalchand is named as his father though his natural father is Shri Rajkumar. In this petition for writ also all necessary details regarding separation of his parents by way of divorce are given by the petitioner and those are as follows:- “10.That the petitioner's mother name is Lata Devi and married to Rajkumar on 28.04.80. Lata Kumari is resident of Abu Road and her husband Rajkumar is from Surat. The wedding invitation card of Lata Kumar and Rajkumar is produced herewith and marked as ANNEXURE P-8. 11.That the petitioner born on 31.07.081 and when the petitioner was hardly 1 year old, dispute took place between his parents and ultimately his mother started living with her father i.e. Dalchand along with her son i.e. petitioner. Petitioner's mother Lata Devi got divorce from Rajkumar. Due to this tremendous bad relation between parents of the petitioner, nobody even interested to take name of the petitioner's natural father when the petitioner was still a kid. Hence, when the petitioner was admitted in school for education, his father name was written as Dalchand with whom the petitioner was living from the age of 1 year. Though it was not correct for which the petitioner cannot be held responsible. 3 12.That when the petitioner appeared in the board of secondary education examinations 2001, then at the time of filing of the form, the name of petitioner's father was written as Rajkumar Dalchand and mother's name of the petitioner was mentioned as Lata Devi which is evidence form the certificate- marksheet of board of Secondary education, Rajasthan dated 26.06.01 which is produced herewith and marked as ANNEXURE P-9.” In reply to the writ petition the fact regarding submission of affidavit by the petitioner is not disputed. It is also stated by the respondents that they have not cancelled appointment of the petitioner but they sought clarification regarding discrepancy in certain documents relating to his parentage. I have examined all the documents annexed with the writ petition and also the contents made in petition for writ. It is apparent that the petitioner as a matter of fact is son of Shri Rajkumar, however, due to separation of his parents by way of divorce in his childhood, in some of the documents he has given reference of Shri Dalchand, who is his maternal grand father. Such a reference is quite obvious looking to the circumstances faced by the petitioner. In totality of facts of the case I am inclined to direct the respondents to allow the petitioner to join the duties as per the order dated 16.9.2008. 4 Accordingly, this petition for writ is allowed. The respondents are directed to permit the petitioner to join the duties at the place of his posting forthwith. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.