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DIXIT KRISHNA SHRIPAD, SIBO SANKAR MISHRA
Union of India – Appellant
Versus
K. Manoj Patra – Respondent
JUDGMENT
Krishna S. Dixit, J.—Central Government and South Eastern Railway are knocking at the doors of Writ Court for assailing the order dated 29.01.2025 made by the Central Administrative Tribunal at Cuttack (Annexure-1), whereby OA No. 260/00256 of 2022 filed by OPs has been favoured. The Tribunal has quashed the order dated 14.12.2021, by which the claim for compassionate appointment was negative, and further it has directed to consider the claim afresh, within an outer limit of sixty days.
2. The brief facts of the case are as under:
(a) One Mr. Late K. Sadhu Patra was working as Ex-Technician (C&W) in the Railway Department. He died in harness on 02.04.2008. OP No.2 being an adopted son had staked his claim for appointment on compassionate ground. The same having been turned down, vide order 14.12.2021, he along with his mother, who is OP No.1 herein, had approached the Tribunal through the subject OA, that was resisted by the Petitioners by filing the Statement of Objections.
(b) The OA was resisted essentially on the ground that there was no adoption; even otherwise, the alleged adoption deed was executed on 08.02.2010 after the death of employee; in support of this Petit
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....
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 ....
Compassionate appointment requires proof of dependency on the deceased during their lifetime and valid legal documentation.
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....
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....
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