The main legal point established in the judgment is that the adopted child should be treated on par with the natural child for the purpose of appointment on compassionate ground, and denying employment to the adopted child would violate Article 14 and 16 of the Constitution of India.

JUDGMENT :

1. In this writ petition, petitioner has challenged the endorsement dtd. 9/12/2019 issued by the respondent-Corporation, declining the claim made by the petitioner for appointment on compassionate ground.

2. It is the case of the petitioner that, mother of the petitioner-Smt. Pushpa, who was working in the respondent-Corporation was a widow and died issueless. It is further stated that, after the death of her husband, mother of the petitioner Smt. Pushpa, adopted the petitioner by a registered Deed of Adoption dtd. 30/11/2001. The name of the petitioner was entered as a nominee for family pension of the mother of the petitioner in the records of the respondent- Corporation. It is further stated that the mother of the petitioner died while in service and as such, the petitioner was constrained to vacate the premises allotted by the respondent-Corporation. It is the case of the petitioner that, the petitioner is the only daughter to the deceased-Pushpa and as such, the petitioner made a representation to the respondent-Corporation seeking appointment on compassionate ground. It is the further case of the petitioner that the petitioner has provided all relevant documents to the second respondent for consideration of her case for appointment on compassionate ground, however, the second respondent issued impugned endorsement dated 09 th December, 2019, rejecting the representation made by the petitioner for appointment on compassionate ground by stating that she being an adopted child of the deceased employee- Pushpa and as per the Circular issued by the first respondent- Corporation, the adopted son/daughter are not eligible of appointment on compassionate ground and accordingly, issued the impugned endorsement that, the petitioner is not entitled for appointment on compassionate ground. Being aggrieved by the same, the petitioner has presented this writ petition.

3. Sri Sharanabasappa K. Babashetty, learned counsel appearing for the petitioner contended that the petitioner has been adopted by the deceased employee (Smt. Pushpa) as per the registered Deed of Adoption dated 30th November, 2001 and the action of the respondent-Corporation in declining to appoint the adopted children on compassionate ground is contrary to Article 14 of the Constitution of India. He further contended that the Circular issued by the respondent-Corporation to that effect has to be read down and effectuate the adopted child to the benefit for appointment under compassionate ground.

4. Sri Ravindra Reddy, learned counsel for the respondent-Corporation submitted that the appointment on compassionate ground has to be made in terms of the Circular issued by the respondent-Corporation and same cannot be claimed as of right and therefore, he sought to justify the action of the respondent-Corporation.

5. It is evident from the writ papers that the petitioner has been adopted by Pushpa-deceased employee of the respondent-Corporation as per the Registered Adoption Deed dtd. 30/11/2001. Scheme of the respondent- Corporation provide for employment under compassionate ground by way of Circular dtd. 23/9/2011 (Annexure-K). Clause 2 of the said Circular provides for eligibility for appointment. Paragraph 3 of the Clause 2 reads as under:

"2. Eligibility for appointment:

3. An adopted son or daughter of the deceased employee are not eligible for compassionate ground appointment under the said Regulations. Further the dependents of the employee who were missing while in service and whose whereabouts are not known are not eligible for appointment under the said Regulations, even though the jurisdictional Court has declared them as deemed dead."

(emphasis supplied)

6. Perusal of the aforementioned clause disentitles the adopted son/daughter to make an application to the respondent- Corporation seeking appointment on compassionate ground. It is well established principle of law that appointment on compassionate ground is an exception to an appointment by regular recruit