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VIVEK AGARWAL
Pawan Kumar Masurkar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
1. This petition is filed seeking compassionate appointment representing petitioner to be the adopted son of late Praveen Kumar Masurkar who was working in Water Resources Department.
2. Petitioner's contention is that succession certificate as contained in Annexure-P/5 was issued by the Court of learned Civil Judge Class-I, Waraseoni, District Balaghat in Succession Case No.06/1999 whereby learned trial Court has declared petitioner to be the successor of late Praveen Kumar Masurkar on the basis of he being a adopted son and held him to be entitled to payment of arrears of dues of late Praveen Kumar Masurkar, medical claim, and has also declared him to be a successor for purposes of grant of compassionate appointment.
3. Two issues emerge namely, in the impugned order passed by the Chief Engineer, it is mentioned that the adoption deed on a stamp paper of Rs.20/-, is not a valid adoption deed approved by the Court and it was executed after death of Praveen Kumar Masurkar on 31.12.1996 on 7.7.1998 by wife of Praveen Kumar Masurkar namely Smt. Bhavika Masurkar.
4. In view of such facts and also recording a fact that as per the GAD circular No.C-3-7/2000/3/One/Bhopal dated 23
Entitlement to compassionate appointment and the procedure for considering applications in the case of rival claimants.
Compliance with the requirements of the Indian Succession Act, Section 372 is essential for the issuance of a succession certificate.
Compassionate appointment requires proof of dependency on the deceased during their lifetime and valid legal documentation.
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