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VIJAY KUMAR SHUKLA
Manish – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition is filed under Article 226 of the Constitution of India challenging the order dated 23.8.2024 passed by respondent No.2 whereby the claim of the petitioner for compassionate appointment in place of his father Late Mukesh Pandit has been rejected on the ground that petitioner has failed to file copy of the registered adoption deed for consideration of claim for compassionate appointment.
2. The facts of the case are that the petitioner is the adopted son of Late Shri Mukesh Kumar Pandit. The father of the Petitioner Late Mr. Mukesh Kumar Pandit S/o Shri Balkrishna Pandit was working on the post of Assistant Grade-3 under the Office of Development Block Education Officer, Tribal Affairs Department Dist Barwani. On 12.4.2022 the father of the petitioner Mr. Mukesh Kumar Pandit died while he was serving on the said post and the father of the petitioner was the sole earning member of the family. Subsequently, due to the loss of the father of the petitioner, the petitioner’s family became impecunious due to which the petitioner made an application for compassionate appointment with all the relevant documents including adoption document executed on the affidavi
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....
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.
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....
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