- (1.) INSTANT petition is directed against the order of the Central Administrative Tribunal, Jaipur (for short, 'Tribunal') dt. 03/06/2005 dismissing the Original Application (for short, the 'OA') No. 248/2005 filed by the petitioner seeking compassionate appointment claiming herself to be adopted daughter of the deceased employee (late Shri Brij Mohan Sharma). Brief facts, which are required for examining the dispute are that late Shri Brij Mohan Sharma was an employee of the respondent -department and while holding the post of Fitter, died on 09/02/2002. He had executed a registered adoption deed on 13/01/1998 adopting the petitioner while she was of the age of 25 years, however, in view of Sec. 10(4) of the Hindu Adoption and Maintenance Act, 1956, he was not capable to adopt the petitioner but the plea of the petitioner throughout was that her case lies in the exception clause attached to the sub sec. 4 to Sec. 10 of the Act, 1956 wherein if there is a custom or usage applicable to the parties which permits a person, who has completed the age of 15 years can be taken in adoption and if Sec. 10(4) is read with Sec. 16 of the Act, 1956, a presumption has to be drawn if there being a registered document, which was produced after death of the Government servant, claiming herself to be nominee and is adopted daughter. In this regard, the petitioner approached the authorities for release of terminal benefits and when it was not accepted by the administration, Original Application No. 40/2004 came to be filed before the Tribunal which was dismissed vide order dt. 15/05/2005 and it was observed that the petitioner has liberty to avail remedy which the law permits.
(2.) IT has been informed that after the order of the Tribunal, the petitioner approached the competent court of jurisdiction for obtaining succession certificate which was granted to her pursuant thereto terminal benefits, which were due to the Government employee who died while in service, were released by the department in favour of the petitioner. It has come on record that after obtaining the succession certificate, the petitioner approached the authorities for seeking compassionate appointment claiming adopted daughter of the deceased Government employee but her application was rejected vide order dt. 02/05/2003 only on the ground that it was not a valid adoption and compassionate appointment could not have been claimed by the petitioner under the law; and that came to be challenged by the petitioner by filing OA No. 248/2004 and the Tribunal, after taking into consideration the material on record, finally observed that the adoption, which has been made to be a basis by the petitioner seeking compassionate appointment, can not be considered to be a valid adoption in the light of Sec. 10(4) of the Act, 1956 and nothing was placed on record by which an inference could be drawn that there was custom and usage applicable to the parties applied for adoption even after completion of 15 years of age and on the said premise the Tribunal was of the view that the petitioner is not entitled to seek compassionate appointment as prayed for and dismissed the OA vide order dt. 03/06/2005 which is subject matter of challenge in the instant proceedings.
(3.) BEFORE we may take note of the submission of counsel for the petitioner, it has been brought to our notice that the Government employee (late Brij Mohan Sharma) was unmarried and he adopted the petitioner alongwith her one brother and both are niece and nephew of the deceased Government employee and their naturally biological father is the real brother of the deceased. It has also been brought to our notice that the petitioner was graduate at the relevant point of time and she did PG Diploma and qualified to seek public employment by open competition but counsel has informed that the petitioner tried to seek public employee but to her dismay could not be able to succeed in seeking public employment.;