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 23.7.2001 there is no provision for grant of compassionate appointment to the adopted son, rejected the application.

5. The issues which emerge herein are two fold; namely, whether a person can seek succession certificate in regard to grant of compassionate appointment inasmuch as that issue is to be determined in terms of the provisions contained in sections 370 and 374 of the Indian Succession Act, 1925. Section 370 of the Indian Succession Act deals with the restriction on grant of certificates under this Part i.e. Part-X dealing with succession certificates.

6. Sub-section (1) of section 370 of the Indian Succession Act provides that --

"(1) A succession certificate (hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate :

Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this act."

7. Sub-section (2) of section 370 of the Indian Succession Act, 1925 defines "security" as under :

"(2) For the purposes of this Part, "security" means - (a) any promissory note, debenture, stock or other security of the Central Government or of a State Government;

(b) any bond, debenture, or annuity charged by Act of Parliament [of the United Kingdom] on the revenues of India;

(c) any stock or debenture of, or share in, a company or other incorporated institution;

(d) any debenture or other security for money issued by, or on behalf of, a local authority;

(e) any other security which the State Government may, by notification in the Official Gazette, declare to be a security for the purposes of this Part."

8. Section 372 of the Indian Succession Act, 1925 deals with the application for certificate and provides that it shall be filed in the manner prescribed by the Code of Civil Procedure, 1908 for signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely :--

"(a) the time of the death of the deceased;

(b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits;

(c) the family or other near relatives of the deceased and their respective residence;

(d) the right in which the petitioner claims;

(e) the absence of any impediment under section 370 or under