2013 Supreme(Raj) 2055
M.N.BHANDARI
Rafiq Ahmed – Appellant
Versus
Jaipur Vidhyut Vitaran Nigam Limited – Respondent
Advocates:
For the Petitioner:V.K. Jain, Advocate.
For the Respondents:Ankur Rastogi, Advocate.
JUDGMENT
1. - The petitioner applied for compassionate appointment which has been denied by the respondents finding it to be contrary to the rules.
2. Learned counsel for petitioner submits that petitioner was adopted by the erstwhile employee who died while in service. The adoption cannot be judged pursuant to the rules of the respondents organisation inasmuch as no rule exist in regard to adoption. The petitioner is one who had received all other retiral benefits like PF, Gratuity etc. In view of above, now, he cannot be denied compassionate appointment. In the reply, respondents have come out for the first time and that adoption is not permissible under Mohammedan Law. It is in variance to the reasons recorded in the impugned order. Keeping in mind the aforesaid direction may be issued for compassionate appointment.
3. Learned counsel for respondents opposed the prayer.
4. I have considered the submissions of learned counsel for the parties and perused the record.
5. It is case where claim for compassionate appointment has been made showing petitioner to be adopted son of the erstwhile employee. Learned counsel for petitioner is fair enough to accept that Mohemmadon Law does not per
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