ANIL DEV SINGH, J. - (1.) This writ petition is directed against the order, dated 23.4.2002, passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') in Original Application No. 68/2002.
(2.) The facts, giving rise to this petition, are as under : Ram Singh was working on the post of Bhistor, in Western Railway. He died on 31.2.1999, while he was still employed in the said railway. The petitioner filed the original application before the Tribunal, claiming that he was adopted by the deceased by adoption-deed dated 20.11.1999, and on demise of his father, he was entitled for appointment with the Western Railway, on compassionate grounds. The original application was rejected by the Tribunal on the ground that the petitioner could not be considered dependent upon the deceased, as the petitioner was married and was having family of his own.
(3.) We do not find any illegality or infirmity, in the order, passed by the Tribunal. The petitioner was already married, when Ram Singh died. At the time of the alleged adoption, he was admittedly more than 15 years' old and, as such, under the Hindu Adoption and Maintenance Act, 1956, he could not be validly adopted. Besides, the petitioner moved the application for appointment on compassionate grounds, after about two years of the death of Ram Singh. Compassionate appointment is given to tide over difficult financial situation of the family. After a lapse of about two years from the date of demise of Ram Singh by no stretch of imagination, it could be claimed that the petitioner moved the application for compassionate appointment to overcome the financial strain caused by the death of Ram Singh.;