IMPORTANT POINT
The court established that the timing of adoption registration does not negate eligibility for compassionate appointment if the adoption occurred before the government employee's death.

ORDER :

K. Manmadha Rao, J.

This petition is filed under Article 226 of the Constitution of India for the following relief:-

“…to issue a writ order or orders especially in the form of WRIT OF MANDAMUS declaring the action of the Respondent authorities especially the 4th Respondent in refusing to grant the Compassionate appointment to the Petitioner who is the adopted son of a Government employee and who died while in duty as illegal arbitrary and unconstitutional and consequently direct the Respondent authorities to appoint the Petitioner in suitable post keeping with his Educational qualifications in mind while making it clear that the condition mentioned in GO Ms No 612 cannot come with the way of Petitioner in getting Compassionate appointment and pass such other order or orders…….”

2. Brief facts of the case are that, the petitioner’s biological parents are Sai Ramesh Babu and Padmalatha. The younger brother of his father Satish Babu did not marry. In the year 2003, on the advice of elders, the petitioner was given in adoption to his paternal uncle Satish Babu. All the formalities of adoption were conducted as per the traditional riots and customs. Therefore, this adoption took place on 09.05.2003. When the adoption took place then the petitioner was minor, hence, this adoption deed was registered on 14.03.2017. In the year 2019, the petitioner’s adopted father passed away. He was still in service. As the adopted son, the petitioner is eligible for the benefits of payment of monies and compassionate appointment. When the petitioner made a request for the retirement benefits and Compassionate appointment, he was advised by his colleagues and officers of the Office of Respondent Nos.3 and 5 to get declaration, the petitioner filed a Civil Suit in O.S.No.131.2019 for the declaration of legal heir etc. After pronouncement of judgment, the petitioner submitted the application for Compassionate appointment as well as the retirement benefits. Accordingly, all the retirement benefits like Gratuity, Commutation of pension etc., were paid to me. It is stated that, the 5th Respondent sent a communication to the 3rd Respondent on 04.05.2020 stating clearly that the petitioner is the adopted son of P. Satish Babu and adoption deed was also registered on 14.03.2017. An enquiry of the registered document from the records of concerned registrar and actual relationship of deceased P. Satish Babu was ordered to establish the genuinity. Basing on the report of the enquiry committee, the 5th Respondent addressed a letter to the 4th Respondent clearly stating that during the enquiry, the deed was found to be genuine and it was clearly stated that the suitable job under Compassionate appointment may be given to the petitioner. But, utter shock and surprise, the petitioner received orders from the 4th respondent that he is not eligible for provision of compassionate appointment as the adoption was not taken place as per the stipulated period mentioned in the G.O.Ms.No.612 dated 30.10.1991. Questioning the same, the present writ petition came to be filed.

3. The Counter affidavit has been filed by the 5th respondent. While denying the allegations made in the petition, inter alia, contended that, the suit which was filed by the petitioner be and the same was decreed by declaring the plaintiff as legal heir of the deceased Panuganti Satheesh Babu. The defendants do pay to the plaintiff a sum of Rs.3,483/- towards the cost of suit. This clearly shows the game played by Mr. P. Sai Siva Karthik to get the case disposed of by exparte (decreed) not producing his parents before the Judge as defendants. Basing on the Court Orders, he obtained, Family member Certificate, no earning member certificate, no property certificate, Community, Nativity and Date of Birth Certificate & Certificate of residence from Tahsildar, Gudur and produced the same to this office for pay of dues due to his deceased father P. Satheesh Babu and also provide Job on compassionate grou