SANJAY BHARDWAJ Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2004-2-8
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 11,2004

SANJAY BHARDWAJ Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

RATHORE, J. - (1.) THIS present petition is filed for seeking writ, order or direction directing the respondents to appoint the petitioner on the post of LDC or equivalent post w. e. f. 28. 1. 91 as the petitioner is adopted son of deceased Shri Subhash Chand Sharma under the provisions of Rajasthan (Recruitment of Dependents of Government Servants Dying While in Service) Rules, 1975.
(2.) THE petitioner passed his Secondary Examination in the year 1986, Higher Secondary examination in the year 1988 and Sr. Higher Secondary Examination in the year 1989 from the Board of Secondary Education, Rajasthan. Learned counsel for the petitioner submits that the petitioner filed application for appointment under the said rules. After processing the application so filed by the petitioner the respondents asked to submit a registered document of adoption deed. Since he has not submitted the registered deed the petitioner was not considered for giving appointment under the Rules 1975. Learned counsel for the petitioner submits that he is able to furnish the adequate number of documents to show that the petitioner is adopted son of the deceased Shri Subhash Chand Sharma. He also placed the document along with this writ petition as Annex. 1 the invitation letter inviting the relatives and the family members on the occasion of adoption of the petitioner on 19. 10. 80. He also submitted a certificate given by the Sarpanch of the Gram Panchayat, Surauth, Panchayat Samiti, Hindaun, Sawai Madhopur by which the Sarpanch of the Gram Panchayat certified the the petitioner is adopted son. He further submits that these documents and certificates, which are submitted by the petitioner are sufficient to establish this fact that the petitioner is adopted son. The respondents have not relied upon the documents submitted by the petitioner and asked to furnish the certified copy of the adoption deed. In the reply to the writ petition the facts are also noticed by this Court that Subhash Chand Sharma was ASI in Police Department. He killed his children out of which one was girl and one was boy. He also killed his wife letter on the deceased Shri Subhash Chand Sharma himself committed suicide. So far as the object of the recruitment of Service Rules 1975 is concerned, the rules are made for the purpose of providing relief to the successor of the deceased family and in the rules itself the definition of the family is also provided. Since the deceased committed suicide and left no members of his family. It was also contended on behalf of the respondents that during his life time deceased Subhash Chand Sharma did not inform about any adoption of the petitioner to his department. Therefore, all adoption ceremony and production of invitation card about the adoption is denied.
(3.) HAVING heard rival submission of the respective parties and after going through the contents of the writ petition as well as the reply submitted to the writ petition and the documents annexed therewith, it is not doubt that the provisions of Rules 1975 is a social legislation to provide relief to the deceased family, who died while in service. In the instant case since the deceased himself killed his wife and children and committed suicide, it is unbelievable that the petitioner was adopted son of deceased. Even otherwise also the petitioner is not entitled to get any benefit under the Rules 1975. Consequently, the writ petition fails being devoid of merit and the same is herewith dismissed with no order as to costs. .;


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