Point of Law: Rule 2 provides that term ‘son’ includes a son legally adopted by deceased Government servant during his/her life time.

ORDER :

1. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :

“1. The order impugned dated 27.10.2016 (Annex.4) issued by the respondents rejecting petitioner’s application for compassionate appointment may kindly be quashed and set aside.

2. The respondents may be directed to grant appointment to petitioner on compassionate ground on the post commensurate to his qualification.

3. Any other appropriate order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of Petitioner.

4. Allow cost of the writ petition to the Petitioner.”

2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is the adopted son of Late Sh. Jogaram (deceased government servant) and his wife Smt. Heero Devi, and that, an adoption deed was executed in the office of Sub-Registrar concerned on 06.07.2016. The petitioner’s father Shri Jogaram (deceased government servant) was working as Vehicle Driver in the Office of Assistant Engineer (T&C), R.R.V.P.N. Ltd., Barmer, and while in service, he expired on 15.07.2016, leaving behind him, his widow Smt. Heero Devi and his adopted son (the present petitioner).

2.1 The petitioner moved an application on 07.09.2016 alongwith affidavit of Smt. Heero Devi (mother of the petitioner) w/o Sh. Jogaram (deceased government servant), before the respondents, for the purpose of grant of compassionate appointment. The respondents rejected the said application vide the impugned order dated 27.10.2016, while informing the petitioner’s mother that the petitioner was not eligible to be adopted in terms of Section 10 of the Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as ‘Act of 1956’); thus, on the said ground, the petitioner was denied the compassionate appointment.

2.2. Thereafter, the petitioner instituted a suit before the Court of learned Civil Judge, Barmer seeking a declaration to the effect of the petitioner being the of Late Sh. Jogaram name be mutated in the revenue record with respect to the land of Sh. Jogaram and also to direct the RRVPNL to provide to the petitioner the entire service benefits, which were admissible to his Late father. The learned Civil Judge, Barmer vide its judgment and decree dated 17.03.2018 partly allowed the suit, only to the extent of declaration that the petitioner is the legally and validly adopted son of the deceased government servant and his wife, on the strength of the registered adoption deed dated 06.07.2016.

2.3. After passing of the aforementioned judgment and decree by the learned court, the petitioner again filed an application before the respondent-Department on 11.04.2018 seeking compassionate appointment, whereupon the respondents, though, after accepting the application, made an endorsement of receipt on the application, but thereafter, the said endorsement was cancelled; whereafter no communication was received by the petitioner, from the side of the respondents.

2.4 On 21.08.2018, the petitioner filed another application for compassionate appointment, but no reply or communication was received by him.

3. Learned counsel for the petitioner submits that the rejection of application of the petitioner for compassionate appointment is contrary to Regulation 2 (c) of the Rajasthan Vidhyut Prasaran Nigam Compassionate Appointment of Dependent of Deceased Nigam Servant Regulations, 2016, which contains definition of ‘dependant’, to mean a spouse, son, unmarried or widowed daughter and legally adopted son.

4. Learned counsel for the petitioner further submits the learned Civil Judge vide its judgment and decree dated 17.03.2018 had already declared the petitioner to be the legally adopted son of Late Sh. Jogaram (deceased government servant) and his wife; thus, the action of the respondents in rejecting the petitioner’s application for compassionate appointment, without ta