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SUBBA REDDY SATTI
NEPPALI GOWRI SANKAR, S/O. NEPPALLI KOTAIAH – Appellant
Versus
GUNTUR MUUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUUNTUR, GUNTUR DISTRICT – Respondent
ORDER :
The above writ petition is filed impugning the endorsement issued by the 1st respondent vide Roc.No.31376/2019/C1 dated 12.03.2020, in which the petitioner's claim for appointment on compassionate grounds was rejected.
2. The Case of the petitioner, in brief, is that Smt.Neppalli Deekshayamma, an employee in 1st respondent-Corporation died in harness, while working as Sweeper on 05.04.2016. Smt.Neppalli Deekshayamma married one Neppalli Kotaiah, after the death of his first wife Machamma. Sri Neppalli Kotaiah and Machamma were blessed with a son named Saibabu. The said Saibabu married Sarojini and they were blessed with the petitioner.
The petitioner was adopted by N.Kotaiah and Deekshayamma on 12.10.1986 and the Adopted Deed was registered on 26.10.1987. The petitioner being the adopted son performed the last rites of Deekshayamma. Petitioner initially filed W.P.No.15377 of 2019 to consider his case for appointment on compassionate grounds. The said writ petition was disposed of on 01.10.2019. Since the order was not implemented, the petitioner filed C.C.No.115 of 2020. Thereafter the endorsement impugned (Ex.P12) was issued.
3. A counter affidavit was filed on behalf of 1st r
Adoption during the lifetime of a natural son is void under the Hindu Adoptions and Maintenance Act, 1956, precluding the adopted child from claiming compassionate appointment.
Adoption – Performance of prescribed rites is constitutive of adoption and subsequent execution and registration of Deed of Adoption is only evidentiary.
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.
This judgment clarifies the legal validity of an adoption independent of registration and emphasizes eligibility for compassionate appointment based on adherence to established personal and railway p....
Compassionate appointment requires valid legal adoption under the Hindu Adoption and Maintenance Act, and failure to establish such validity disqualifies applicants from entitlement under the relevan....
Registered adoption deeds are presumed valid under the Hindu Adoptions and Maintenance Act, impacting eligibility for compassionate appointment, irrespective of the adoptee's age at registration.
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