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, 21, 25 to 28)

Hindu Adoptions and Maintenance Act, 1956 – Section 16 – When there is no registered document pertaining to adoption under Section 16 of Hindu Adoptions and Maintenance Act, 1956 then Court has to be very cautious and extremely alert to guard persons against being ensnared by unscrupulous persons who indulge in grabbing properties. (Para 21)

Indian Succession Act, 1925 – Section 372 – Succession certificate – There is considerable difference in legal rights arising out of a succession certificate and that of an adoption deed – A succession certificate under Indian Succession Act, 1925 is a document that gives authority to person who obtains it, to represent deceased for the purpose of collecting debts and securities due to him/her or payable in his/her name – Usually, succession certificate is key in absence of a Will – Succession certificate will be primary document through which heirs can stake a claim to assets of a deceased relative – Issuance of succession certificate does give right of succession to claimed property of a deceased person whereas, adoption deed is a legal document wherein all rights and responsibilities, along with filiation, from biological parent or parents are transferred to adopted parents – Succession certificate can be granted in favour of any person, including a nominee – A nominee is someone who has been designated as person who would receive proceeds of account in case of unexpected death of persons holding money market instruments. (Para 22)

Cases Referred:

Param Pal Singh vs. National Insurance Company, (2013) 3 SCC 409; Mihir Ramesh Vora vs. Union of India, 2013 SCC OnLine Bom 1032 – Referred.

Jai Singh vs. Shakuntala, (2002) 3 SCC 634; Sanju Devi vs. State, 2014 SCC OnLine Del 65: (2014) 6 AIR Del. R (NOC 344) 109 : PLR (2014) 174 Del 20; Rahasa Pandlani vs. Gokulananda Panda, AIR, 1987 SC 962; State of Chhattisgarh vs. Dhirjo Kumar Sengar, (2009) 13 SCC 600 : (2010) 1 SCC (L&S) 281 : 2009 SCC OnLine SC 1001 at page 607; Haryana State Electricity Board vs. Hakim Singh, (1977) 8 SCC 85 – Relied.

Purnendu Singh, J. – Heard learned counsel for the parties.

2. From the facts averred in the appeal, it emerges that Late Kamlawati Devi, who was posted as Lady Health visitor, at Bijaipur Primary Health Centre, Gopalganj, married Mani Bhushan Prasad, in the year 1975. The couple had no children of their own and subsequently they got separated by mutual divorce. The said Mani Bhushan Prasad solemnized second marriage. In course of time Mani Bhushan Prasad as well as his second wife died without any issue. Late Kamlawati Devi started living in the house of her brother, Chhotan Prasad Srivastava. In the year 1987, she is said to have adopted her brother’s three year old son (appellant) admittedly after the separation an