Sabina, J. - (1.) PETITIONER has filed this petition seeking a direction to the respondents, to release him, the service benefits of his deceased father.
(2.) CASE of the petitioner, in brief, is that father of the petitioner deceased -Veer Singh was working as a Chowkidar with respondent No. 2. Veer Singh had adopted the petitioner as his son. In this regard, decree was passed by the Civil Court (Annexure P -2) in favour of the petitioner. Veer Singh died on 11.01.2005. However, the service benefits of deceased -Veer Singh/father of the petitioner had not been released to the petitioner. Hence, the present petition. Learned counsel for the petitioner has submitted that the petitioner was duly adopted by Veer Singh as his son. In this regard, decree was passed by the Civil Court on 17.02.2005 (Annexure P -2). Therefore, petitioner was liable to be released the service benefits accruing to his deceased father Veer Singh. Learned counsel has further submitted that wife of deceased -Veer Singh has since died and the petitioner was the sole legal heir of deceased -Veer Singh.
(3.) LEARNED counsel for the respondents, on the other hand, has opposed the petition and has submitted that the petitioner had not been adopted by Veer Singh in accordance with law, as there was no adoption deed available on record. Further it has been submitted that the Civil Court decree was not binding on the respondents as they were not a party to the said proceedings. Moreover, the said decree had been passed after the death of deceased -Veer Singh.;