- (1.) THIS writ petition has been filed by adopted son of late Shri Gulab Singh who was working on the post of Class-IV employee and died while in service on 31.1.2011. It is submitted that after death of his father late Gulab Singh, an application was filed by the petitioner along with copy of registered adoption deed Annexure-1 for providing appointment on compassionate ground being adopted son of Gulab Singh under the Rules of 1996 but Director (Secondary), Education Department rejected the application for providing appointment on compassionate ground while saying that as per Rule 10 (iv) of the Hindu Adoption & Maintenance Act, 1956. The adoption of the petitioner by late Gulab Singh is not permissible.
(2.) LEARNED counsel for the petitioner submits that adoption deed was executed on 15.10.2008 but before that according to customs, petitioner was adopted by late Gulab Singh and later on the adoption deed was executed and got registered, therefore, it cannot be said that the petitioner's case falls under Rule 10 (iv) of the Rules of 1956. In view of above, it is submitted that impugned order Annexure-6 dated 2.1.2012 and communication dated 11.6.2012 may be quashed and respondents may be directed to consider the case of petitioner for appointment on compassionate ground. In support of his contention, learned counsel for the petitioner invited my attention towards the judgment rendered by this Court in SBCWP No.6066/2007 (Pankaj Vs. State of Raj. & Ors.) decided on 16.5.2012. In view of above, the respondent authorities have no jurisdiction to adjudicate a document for the purpose of granting benefits for appointment on compassionate ground as adopted son of late Gulab Singh, therefore, it is submitted that this writ petition may be allowed.
(3.) LEARNED counsel for the respondents submits that adoption can be made as per customs but here in this case the petitioner is claiming his right on the basis of registered adoption deed Annexure-1, executed on 15.10.2008 and on that date the petitioner was more than 15 years of age, therefore, the said adoption cannot be treated to a valid adoption, therefore, the order passed by the respondents refusing the claim of the petitioner is justified, therefore, this writ petition may be dismissed.;