NAVIN SINHA,C.J. - (1.) The present appeal arises from order dated 29.9.2015 allowing S.B. Civil Writ Petition No.8042/2011 rejecting the claim for compassionate appointment and directing consideration.
(2.) Counsel for the Appellants submits that the Respondent had not been able to satisfy the Appellants of a valid adoption in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956. The mere fact that he may have obtained a Succession Certificate on basis of which the financial arrears and dues of the deceased may have been paid to the Respondent does not ipso facto entitle him to be considered for compassionate appointment.
(3.) We are at a complete loss to understand the institution of the present Appeal. The father of the Respondent died in the year 2008. During his life time he nominated the Respondent in the service records, which was approved by the Appellants on 16.9.2004. The Appellants cannot consider the Respondent to be a valid heir for certain purposes and not for other purposes. Furthermore, we are at a complete loss to appreciate that if the Respondent had obtained Succession Certificate from the competent Civil Court at Chittorgarh in Misc.Civil Case No.56/2008 recording a specific finding of a valid adoption under what authority the Appellants question the same. The claim for compassionate appointment was admittedly made in due time. The delay is attributable to the Appellants. The cause of action is therefore continuing in nature and it is no defence for the Appellants to urge that be that as it may, since the Respondent managed to survive from the date of death since 2008 the claim for appointment merited no consideration as it evinces that he had the wherewithal otherwise to survive.;