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P. B. BAJANTHRI, PURNENDU SINGH
Atul Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent
Service Law – Compassionate Appointment – Civil death of employee – Presumption of adoption can be rebutted when adoptive son is described as son of his natural father – Civil death can be declared only by a competent Civil Court in a separate suit – Civil court has power to grant declaratory relief of civil death of a person who goes missing for more than seven years – Information and report of S.H.O. with regard to missing of deceased employee only has evidentiary value and appellant was required to obtain a decree of civil death by a competent Civil Court – Family sustained from year 2001 to 2008 and appellant has no fundamental right to claim compassionate appointment – Appellant has not produced adoption deed before competent authority and is depending upon succession certificate – Succession Certificate has been granted without examining biological father and mother of Appellant – Object of compassionate appointment is to meet immediate harness in family – Compassionate appointment is not to be used as an alternate remedy for securing employment – Court cannot issue direction to respondents contrary to scheme adopted by them – Appeal dismissed. (Paras 15, 16, 17, 18, 20, 2
The main legal point established in the judgment is the need for compliance with the legal provisions of the Hindu Adoptions & Maintenance Act, 1956 for a valid adoption claim, and the importance of ....
Registration of adoption deed not mandatory for compassionate appointment; satisfactory proof via Panchayati deed, records, and civil decree suffices if adoption valid pre-employee death.
[The court established that compassionate appointment claims must adhere to the rules in effect at the time of application, and that the presumption of civil death does not negate prior dismissals or....
Entitlement to compassionate appointment and the procedure for considering applications in the case of rival claimants.
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