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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
KARUNESH SINGH PAWAR
Ankit Kumar – Appellant
Versus
State Of U.P. Thru Addl. Chief Secy. Health And Family – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. Heard Mrs. Shraddha Tripathi, learned counsel for the petitioner and learned Additional C.S.C. appearing for the State-respondents.
2. By means of the present petition, the petitioner has prayed for a writ in the nature of mandamus commanding respondent No. 2 to consider his case for appointment under the Dying-in-Harness Rules in accordance with the order dated 04.07.2018 passed by the Inspector General (Stamp & Registration), Lucknow.
3. Submission of the learned counsel for the petitioner is that earlier the petitioner had filed Writ Petition No. 19158 (S/S) of 2017 (Ankit Kumar vs. State of U.P. & Ors.), which was decided vide judgment and order dated 18.09.2017, wherein a direction was issued to the Inspector General (Registration & Stamps) to examine the issue.
4. It is submitted that in compliance of the aforesaid order, the Inspector General (Registration & Stamps), vide order dated 04.07.2018, has upheld the validity of the adoption deed of the petitioner. Thus, it is prayed that respondent No. 2 be directed to consider the case of the petitioner for compassionate appointment.
5. Learned Standing Counsel appearing for the State has opposed
Registered adoption deeds are presumed valid under the Hindu Adoptions and Maintenance Act, impacting eligibility for compassionate appointment, irrespective of the adoptee's age at registration.
Point of law: Section 16 of Adoption Act, 1956 and Section 17(1)(f) read with Section 23 of Registration Act, 1908 and, applying the Heydons' Principle, it is clear that the registered adoption deed ....
Registration of an adoption-deed under the Hindu Adoptions and Maintenance Act presumes validity of the adoption, irrespective of the adopted child's age, and does not negate a claim for compassionat....
Adoption – Performance of prescribed rites is constitutive of adoption and subsequent execution and registration of Deed of Adoption is only evidentiary.
This judgment clarifies the legal validity of an adoption independent of registration and emphasizes eligibility for compassionate appointment based on adherence to established personal and railway p....
The validity of adoption deeds does not depend on registration; non-registration does not invalidate a legally executed adoption under the Hindu Adoptions and Maintenance Act.
Compassionate appointment requires proof of dependency on the deceased during their lifetime and valid legal documentation.
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