Gopal Krishan Vyas, J. - (1.) IN this writ petition filed by the petitioner, the petitioner has prayed for direction to the respondents to provide appointment on compassionate ground. As per facts of the case, the petitioner's father Rupesh Chandra Purohit died while in service when he was working as Assistant Engineer, 400 KV GSS, Jaipur under the control of the respondents. The petitioner is adopted son of late Rupesh Chandra Purohit because he was legally adopted by him under registered adoption deed dated 04.06.1999. After the death of late Rupesh Chandra Purohit an application was moved by the petitioner to the respondents for providing him appointment on compassionate ground being adopted son of late Rupesh Chandra Purohit on the basis of registered adoption deed; but, no heed was given by the respondents upon the application filed by the petitioner. Therefore, the petitioner filed representation before Hon'ble Chief Minister.
(2.) ON 04.09.2004 by an order/official note the Secretary (Admn.) of the respondent department informed the office of the Chief Minister that the petitioner has not been declared legal heir by the competent authority, therefore, his case cannot be considered on the basis of adoption deed. After receiving the above information from the office of the Chief Minister, the petitioner preferred a civil suit for declaration of adopted son of late Rupesh Chandra Purohit and the said suit was finally decided by Addl. District Judge No. 3, Jodhpur on 01.12.2009, in which, the said Court declared the petitioner as adopted son of late Rupesh Chandra Purohit. The petitioner has placed on record the said judgment dated 01.12.2009 passed by the Addl. District Judge No. 3, Jodhpur, which is Annex. -5. After the said judgment, the petitioner again moved an application along with copy of the judgment passed by the Addl. District Judge No. 3, Jodhpur and, then, repeatedly made prayer to the respondents for providing him appointment on compassionate ground; but, inspite of sending representation and notice for demand of justice, no order has been passed by the respondents for providing him appointment. Therefore, in this writ petition prayer has been made by the petitioner seeking direction to the respondents to provide appointment on compassionate ground.
(3.) AFTER issuing notice to the respondents a reply has been filed by the respondents, in which, the respondents are not disputing the fact that late Rupesh Chandra Purohit was working as Assistant Engineer, Circle 400 KV GSS, Jaipur in the erstwhile Rajasthan State Electricity Board and he died while in service on 17.07.1999 but the fact that in the application for seeking appointment on compassionate ground he has mentioned his date of birth as 06.05.1969 and petitioner is seeking appointment on compassionate ground on the basis of adoption -deed dated 03.06.1999, therefore, obviously the adoption of the petitioner was not proper because on 03.06.1999 the petitioner was 30 years of age. The case of the petitioner was rejected vide letter dated 02.11.1999 for the reason that adoption was not in accordance with Hindu Adoption & Maintenance Act, 1956. According to the respondents, as per Section 10 of the Act of 1956 there is strict provision for adoption of child being more than 15 years of age in absence of any custom or usage applicable to the party.;