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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Aakash Prajapat S/o Adopted S/o Shri Madan Lal – Appellant
Versus
State Of Rajasthan, Through The Secretary, Education – Respondent
Order :
1. Vide this common order, the aforesaid bunch is being disposed of together as both the facts and the issue involved therein is similar.
2. Illustratively, for the sake of brevity, facts are being taken from S.B. Civil Writ Petition No.13241/2021. Petitioner herein, inter-alia, seeks issuance of appropriate writ, order and/or direction commanding the respondents to consider his application for grant of compassionate appointment on the post of LDC owing to death of his father in harness.
3. Petitioner claim to be an adopted son of deceased Shri Madan Lal Prajapat, who served as a Class IV employee at Government Primary School in Sundervas, District Udaipur. Petitioner’s adoptive father passed away in 2016. He applied for compassionate appointment for the post of LDC in accordance with the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996 ("Rules of 1996"). However, despite being fully qualified and eligible for appointment under the provisions of the Rules of 1996, petitioner’s application was rejected by respondent No. 3 vide an order dated 10.08.2021 on the ground that the adoption deed was not in accordance with the provisions of
Compassionate appointment requires valid legal adoption under the Hindu Adoption and Maintenance Act, and failure to establish such validity disqualifies applicants from entitlement under the relevan....
Legal adoption for compassionate appointment must occur during the lifetime of the deceased government servant to qualify as a dependent under the Rajasthan Compassionate appointment of Dependents of....
The court established that the timing of adoption registration does not negate eligibility for compassionate appointment if the adoption occurred before the government employee's death.
An adopted child must be legally adopted by the deceased-employee during his lifetime to be considered for compassionate appointment, as per Clause 2.5 of the Policy dated 29-9-2014.
Compassionate appointment requires proof of dependency on the deceased during their lifetime and valid legal documentation.
Point of Law : Application made by the adopted son for compassionate appointment is bonafide and is required to be considered in the background of the difficulties faced by the family. [Para 15]
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