ORDER

Rusia, J:- 1. The present writ appeal is filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 against the order dated 3.4.2019 passed by the Writ Court, whereby the Writ Court has allowed the writ petition filed by the respondent No.1 (hereinafter referred as writ petitioner) with a direction to consider the application for compassionate appointment as per para – 3 of the Policy dated 21.5.2002.

2. The facts of the case in short are as under:-

2.1. Late Smt. Vimla Bai W/o Chhotelal was serving on the post of Safai Karamchari / Sweeper in the services of Ujjain Municipal Corporation. She died on 25.8.2014 in a road accident while in service. According to the writ petitioner, before the death, Vimla Bai had submitted an affidavit before the Municipal Corporation disclosing the name of Saddham Hasam as her adopted son and requested for entering his name as a nominee in all the service records. On the basis of the aforesaid affidavit , the name of the writ petitioner had been recorded in the service record as the son of Smt. Vimla Bai. After the death of Vimla Bai i.e. 25.8.2014, the writ petitioner has submitted an application seeking a compassionate appointment on 10.10.2014 along with all necessary documents. In the said application, he has mentioned his religion as Islam.

2.2. The writ petitioner has also approached the civil Court by way of an application under section 372 of the Indian Succession Act, 1925 to get a succession certificate. The said application was registered in the II Civil Judge, Class – I, Ujjain as Succession Case No.16/2015. In the said application, the natural daughter of Vimla Bai and Chhotelal, Sunita @ Soni W/o Mehmudal Hasan was impleaded as non-applicant. The marriage of Sunita @ Soni was held with Mehmudal Hasan and the writ petitioner is their second son. Sunita @ Soni in her reply admitted that the petitioner was brought up as a son by late Vimla Bai and she had nominated him in the service record as her son. By order dated 21.9.2015, Civil Court has granted the succession certificate in favour of the writ petitioner to get the gratuity, provident fund, earned leave etc. to the tune of Rs.4,36,579/- along with interest from the Municipal Corporation. The Municipal Corporation has preferred Miscellaneous Appeal No.1/2017 against the said order before the Additional District Judge, Ujjain. Vide order 28.6.2017, the appeal has been dismissed.

2.3. Vide order dated 16.5.2018, the Deputy Commissioner, Municipal Corporation, Ujjain has rejected the claim of the writ petitioner under Clause – IV of the Policy framed for grant of Compassionate Appointment Policy dated 29.9.2014 on the ground his natural father viz Mehmudal Hasan is already in the serving in the services of Municipal Corporation.

2.4. Being aggrieved by the aforesaid order, the writ petitioner approached the Writ Court by filing a writ petition.

2.5. The Municipal Corporation has filed a reply to the writ petition by submitting that the writ petitioner is not a biological son of Vimla Bai. In the cause title, he has written the name of his father Mehmudal Hasan as his father, therefore, he is not entitled to get the compassionate appointment on account of the death of Vimla Bai. It is submitted that the adoption of the petitioner is not valid under the provisions of the Hindu Adoptions and Maintenance Act, 1956. Even otherwise also the biological father of the writ petitioner is Mehmudal Hasan is already working as an Assistant Revenue Inspector, therefore, under Clause – IV of the Policy, he is not entitled to a compassionate appointment.

3. After considering the aforesaid reply, vide order dated 3.4.2019, the Writ Court has allowed the writ petition on the ground the respondents therein have rejected the representation relying on a policy dated 29.9.2014, therefore, they cannot supplement the reasons which are not in the impugned in order to defend it. The Writ Court has placed rel