Dalip Singh, J. - (1.) THIS writ petition has been preferred by the petitioner whose application for compassionate appointment in lieu of the deceased Government Servant -Nawal Singh has been rejected by the respondents vide order dt. 12.04.2006 (Annexure -12) on the ground that when the petitioner was taken in adoption on 18.03.2005 he was more than 15 years of age. Learned counsel for the petitioner has submitted that the petitioner filed a suit for declaration which was decreed by the competent Court vide judgment dt. 19.12.2005 (Annexure -3).wherein the learned trial Court has passed decree in favour of the petitioner upholding his adoption which was made at the time when the petitioner was six years old and the deed (Annexure -2) was written subsequently recording the aforesaid fact of adoption on 18.03.2005.
(2.) LEARNED counsel for the petitioner submitted that the question about the validity of the adoption cannot be challenged by the respondents more particularly when there is a decree in favour of the petitioner so as to deny his compassionate appointment as held by this Court in S.B. Civil Writ Petition No. 6066/2007 (Pankaj vs. The State of Rajasthan and Ors.) decided on 16.05.2012. I have given my thoughtful consideration to the aforesaid facts. The petitioner filed a Civil Suit No. 77/2005 before the learned trial Court seeking declaration against the People at Large wherein it was alleged that the petitioner was taken in adoption by Nawal Singh on Baisakh Sudhi Beej (2) Samvat Year 2036 (corresponding to the Year 1979 AD) when the age of the petitioner was six years, as such, the objection of the respondents in the order (Annexure -12) that the petitioner was more than 15 years of age cannot be accepted as the deed which was recorded on 18.03.2005 was only of the earlier event which had taken place in the year 1979. As held by the learned Single Judge of this Court in Pankaj's case (supra) there is no provision for the registration, of adoption -deed under the Hindu Adoption and Maintenance Act, 1956. The learned Single Judge has held as follows: .......With regard to registration of the adoption -deed, it is very strange that no such provision is there in the Act of 1956 that adoption -deed must be registered one for its being a valid adoption deed, Adoption can be made under customs, therefore, the adoption -deed filed by the petitioner cannot be treated to be unregistered document for the purpose of denial of appointment on compassionate ground.....
(3.) SINCE the case of the petitioner is that he was adopted in the year 1979 (Samvat Year 2036) to which there is no denial and the only objection raised is he was more than 15 years of age at the time of recording of the adoption -deed, therefore, cannot be accepted. In the facts and circumstances of this case, the order (Annexure -12), therefore, deserves to be quashed and set aside as the present one is not a case of the petitioner being adopted in the year 2005 when he was more than 15 years of age.;