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2022 Supreme(Raj) 1427

REKHA BORANA
Ronak Joshi – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Sushil Solanki, Advocate., for the Appellant
Sarwan Kumar for Hemant Choudhary, G.C., for the Respondents

JUDGMENT

Rekha Borana, J. - The present writ petition has been filed against the order dated 02.01.2019 (Annex.-4) vide which the application of the petitioner for compassionate appointment has been rejected on the ground that the adoption of a child above 15 years of age is not a valid adoption in terms of Section 4 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'Act of 1956').

2. The case of the petitioner is that he was adopted by late Smt. Nirmala vide a registered adoption deed dated 02.02.2018. Smt. Nirmala was a Class-IV employee with the respondent Department and she expired on 12.02.2018. After her death, the petitioner applied for compassionate appointment in terms of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996 (hereinafter referred to as 'Rules of 1996'). The petitioner submitted that he being the legally adopted son of the deceased, is entitled for compassionate appointment in terms of Rules of 1996. The said application of the petitioner was rejected on the premise that on the alleged date of adoption, he was above 15 years of age and in terms of Section 4 of the Act of 1956, the person a

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