SINGHVI, J. - (1.) - By this writ petition the petitioner has challenged the action of the respondents in not giving him the appointment as a dependant of deceased government servant.
(2.) THE petitioner was adopted by Smt. Kiran Devi, W/o Shri Jagannath Prasad. Smt. Kiran Devi's husband died during her life time. She had no male issue and, therefore, she adopted the petitioner. After adoption, the petitioner lived with Smt. Kiran Devi and she met all the expenses of education and livelihood of the petitioner. Smt. Kiran Devi was employed as a teacher in Education Department and was posted in Govt. Secondary School, Behaj. She died on 25.3.68 leaving her minor adopted son the petitioner. On the basis of application filed by the petitioner before the District Judge, Bharatpur, succession certificate was issued in favour of the petitioner on 4.10.73 by the learned District Judge, Bharatpur. THE petitioner passed secondary school examination from the Board of Secondary Education, Ajmer in the year 1976. He thereafter did his higher secondary and graduation and finally post graduation in Commerce from the University of Rajasthan in the year 1982. He made application for being appointed as a dependant of Smt. Kiran Devi. He submitted applications to the various authorities including the Vikas Adhikari, Panchayat Samiti, Deeg and Chief Executive Officer and Secretary, Zila Parishad, Bharatpur. However, the application of the petitioner has remained pending and despite several reminders-sent by the petitioner, he has not been given employment as a dependent of the deceased employee. THE petitioner has come out with the case that he has a right to be employed as a dependant of the deceased government servant and the respondents have deprived him this right without any reason or rhyme. He has submitted that there has been a considerable delay in the decision of his application. He has prayed that the action of the Respondents in denying him appointment be declared as arbitrary and unreasonable. The Respondents have come out with the case that the petitioner is not an adopted son of Smt. Kiran Devi. His father's name is Shri Uma Shanker. In the school examinations and certificates his name has been given out as s/o Shri Uma Shanker Sharma. The facts that Smt. Kiran Devi was employed as teacher Grade III under Panchayat Samiti, Deeg and she had died on 25.3.68 during the course of her service, have been admitted by the Respondents. It has been admitted that succession certificate has been issued by District Judge, Bharatpur but it has been further alleged that the same has been issued on account of collusion of the petitioner, daughter of Smt. Kiran Devi namely Smt. Yogyawati Devi and mother of the petitioner and further that the mere issue of succession certificate cannot be the basis of treating the petitioner as dependant of Smt. Kiran Devi. The petitioner has remained silent for sufficiently long time before making application for employment on the basis that he is dependent of Smt. Kiran Devi. The Respondents have also come out with the case that the petitioner does not possess the requisite training and, therefore, he is not entitled to be appointed. The only argument advanced by Shri Tripurari Sharma, learned counsel for the petitioner, is that the petitioner is adopted son of Smt. Kiran Devi and, therefore, he has a right to be appointed on a suitable post in accordance with the provisions of the Rajasthan Panchayat Samiti and Zila Parishad Recruitment-of Dependants of the Members of Panchayat Samiti and Zila Parishad Service Rules, 1978. Shri Parihar, learned Addl. Government Advocate, for the Respondents , on the other hand argued that the petitioner cannot be given the benefit of the provisions of 1978 Rules. Shri Parihar argued that the petitioner cannot be treated as adopted son of Smt. Kiran Devi because there is no material on record to establish that he was adopted by Smt. Kiran Devi. A look at Ann.-l shows that it was an order made by the learned District Judge, Bharatpur on an application filed by the petitioner under Section 372 of the Indian Succession Act. The learned District Judge has placed reliance on the evidence of the two daughters of late Smt. Kiran Devi and one Shri Bishambhar Nath Soni for coming to the conclusion that the applicant is the sole heir to smt. Kiran Devi, the deceased, and is entitled to succeed to the amount of gratuity and subsidy standing in the name of Kiran Devi at Panchayat Samiti, Deeg. This document, in my opinion, is sufficient proof of the fact that the petitioner is an adopted son of Smt. Kiran Devi and the departmental authorities have without any justification denied due consideration to the petitioner for appointment as dependant of Smt. Kiran Devi. Requirement of training is not such a provision on the basis of which appointment can be denied to the dependant of a deceased employee under the provisions of 1978 Rules. Rule 8 (2) of 1978 Rules empowers the competent authority to relax the requirement of training. There is no reason why that provision cannot be invoked in the case of the petitioner. The respondents are under an obligation to objectively consider the case of the petitioner and then pass appropriate order in accordance with the provisions of 1978 Rules. The Writ Petition is, therefore, allowed. The Respondents are directed to treat the petitioner as an adopted son of Smt. Kiran Devi. They are directed to consider the qualifications of the petitioner and then pass appropriate order. This exercise must be completed within a period of two months from the date of receipt of copy of this order. Parties are left to bear their own costs.;