PUSHPENDRA SINGH BHATI,J. - (1.) The petitioner is an adopted son of Smt. Kamla Sharma and Shri Dinesh Chand Sharma. Smt. Kamla Sharma was serving in the office of respondent No.3 as a Class IV employee. The natural mother of the petitioner and Smt. Kamla Sharma were real sisters and since Smt. Kamla Sharma and Shri Dinesh Chand Sharma were not having any child, therefore, they adopted the petitioner while he was aged about two years. The photograph of the adoption is also adduced as Annexure-1 of the writ petition. The adoption deed was registered before the Registrar, Bansoor on 29/03/2001 and copy of that is also enclosed along with writ petition as Annexure-2. The petitioner was living with his parents after he went in adoption to them. The name of the petitioner was also mentioned in the nominee certificate of Smt. Kamla Sharma as also in the ration card issued by Gram Panchayat, Bansoor. Smt. Kamla Sharma died on 01/05/2005 during her employment with the respondent-department. The petitioner became entitled for the compassionate appointment and therefore, accordingly applied for the same.
(2.) An explanation was sought by the respondents regarding adoption and all the requisite proof was submitted by the petitioner to substantiate his claim as an adopted son. A question was raised regarding absence of real father of the petitioner at the time while the adoption deed was being signed. The explanation was given that the consent of the father was recorded on telephone as he was at Military Canteen at 'Siyachin Glacier' at that time and subsequently an affidavit was executed on 14/02/2006 regarding his consent for the adoption.
(3.) Representation was filed by the petitioner and the same was recorded by the respondents on 26/05/2009 which is Annexure-14 to the writ petition. Annexure-14 stated that adoption deed was submitted where as no other evidence was produced by the petitioner. The registered adoption deed did not contain the signatures of the natural father of the petitioner and as per Hindu Guardianship Laws, the signature of the natural father were mandatory and therefore, the adoption could not be found to be legal. It is also recorded that the affidavit was filed by the natural father on 14/02/2006 but the same has been subsequently obtained and therefore, it cannot undo the illegality that has crept in the adoption process. Thus, the respondents had dismissed claim of the compassionate appointment of the petitioner.;