An unregistered adoption deed is legally valid under the Hindu Adoptions and Maintenance Act, 1956, and cannot be the sole basis for rejecting a claim for compassionate appointment or death benefits.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the endorsement dated 10.04.2023 of 3rd Respondent bearing R.O.C.No.497/2023/F1, declining Compassionate appointment to the Petitioner, further endorsement of 3rd Respondent Vide R.O.C.No.627/2023/F1 dated 15.03.2023 demanding the Petitioner to produce Legal heir certificate who being the adopted daughter of Yarramsetti Nagamani who died in harness as illegal, arbitrary and unjust and violative of Articles 14 and 21 of the Constitution of India, G.O.Ms.No.612 General Administration (Services-A) Department dt.30.10.1991 and the principles of Natural Justice and consequently direct the Respondents to appoint the Petitioner in a suitable post on compassionate grounds being eligible to be considered for the post as well as eligible for all benefits oS deceased Yarramsetti Nagamani and to pass

ORDER:

1. This writ petition is filed seeking the following relief:

“…to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the endorsement dated 10.04.2023 of 3rd Respondent bearing R.O.C.No.497/2023/F1, declining Compassionate appointment to the Petitioner, further endorsement of 3rd Respondent Vide R.O.C.No.627/2023/F1 dated 15.03.2023 demanding the Petitioner to produce Legal heir certificate who being the adopted daughter of Yarramsetti Nagamani who died in harness as illegal, arbitrary and unjust and violative of Articles 14 and 21 of the Constitution of India, G.O.Ms.No.612 General Administration (Services-A) Department dt.30.10.1991 and the principles of Natural Justice and consequently direct the Respondents to appoint the Petitioner in a suitable post on compassionate grounds being eligible to be considered for the post as well as eligible for all benefits of deceased Yarramsetti Nagamani…”

2. The brief facts of the case are that:

Petitioner is the biological daughter of Smt. Yerramsetti Vijaya Kumari alias Pagolu Vijaya Kumari, who is the sister of Yerramsetti Nagamani. Petitioner was given in adoption to the said Yerramsetti Nagamani on 12.06.1991, when she was four years old. The said Yerramsetti Nagamani died while in service as a Worker in the Public Health Department of Gudivada Municipality, leaving the petitioner as her sole legal heir. After the demise of her adoptive mother, the petitioner submitted a representation dated 23.02.2023 to the 3rd respondent seeking appointment on compassionate grounds, claiming to be the dependent of the deceased Yerramsetti Nagamani, and also requested payment of the terminal benefits payable to the deceased in her favour. The 3rd respondent, however, rejected the petitioner's request for appointment on compassionate grounds on the ground that the adoption deed dated 12.06.1991 was not a legally valid document in terms of G.O.Ms.No.612, dated 30.10.1991. The 3rd respondent also issued another endorsement dated 15.03.2023, calling upon the petitioner to submit a legal heir certificate from the competent Court for consideration of her request for release of the death benefits of her deceased adoptive mother - Yerramsetti Nagamani.

3. Aggrieved by the above said proceedings, the present writ petition is filed.

4. Heard learned counsel for the petitioner, learned Assistant Government Pleader and learned Standing Counsel appearing for respondents.

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