The court affirmed the validity of an adoption deed despite the biological father's lack of consent, ruling that the respondents exceeded their jurisdiction in denying compassionate appointment based on this invalidity.

ORDER

Per: SURESH KUMAR BATRA MEMBER (J):-

1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

(i). That Annexure A-1 dated 30.03.2022, Annexure A-2 dated 23.02.2022 and Annexure A-13 dated 21.08.2015 be quashed and set aside.

(ii). That this Tribunal may also pass any other order for the grant of relief to the applicant which it may deem fit in the peculiar facts and circumstances of the case.

2. The facts of the case, in brief, are that the father of the applicant Late Sh. Madan Lal was working as Ex. Cleaner under the respondents, who died while in service on 15.06.2013, 10 years before the date of retirement. At that time the applicant was 17 years old. The applicant was adopted son of Late Sh. Madan Lal vide Registered Adoption Deed dated 10.01.2007 which was duly signed by the parents by the applicant as well as Late Sh. Madam Lal in the presence of witnesses and the same was registered with the competent authority i.e. Deputy Registration Officer, Ambala Cantt. In pursuance of the aforesaid Adoption Deed the name of the applicant was entered in the Service Record Card No.145060 dated 23.07.2007 of Late Sh. Madam Lal.

3. The deceased employee Sh. Madan Lal left behind his mother, married daughter and one adopted son (the applicant herein), as the wife of the deceased already expired. The mother of the deceased requested for release of pensionary benefits in pursuance of which, the mother of the deceased was informed to submit an affidavit from the daughter and get the name of the applicant included in the Certificate and also to submit the Guardianship Certificate, the applicant being minor. Accordingly the name of the applicant was included in the Government of Haryana Cantonment Board, Ambala Cantt in his Birth Certificate showing the name of the applicant and father’s name of Madan Lal after adoption. The applicant’s Birth Certificate was issued on 30.03.2017 with father’s name as Madan Lal. Similarly the name of father of the applicant was also included in the Aadhar Card by the competent authority while issuing Aadhar Card No.711562262980. The Scheduled Caste Certificate was also issued to the applicant on 17.12.2015 wherein the name of the deceased has been shown as applicant’s father (Annexure A-9). The applicant in response to request for compassionate appointment, was informed by the office of respondent No.2 vide letter dated 15.05.2014 to get included the name of father as Madan Lal in his Certificate of 8th and 10th Class so that the needful is done accordingly. It has also been submitted that the applicant was asked to submit various documents to complete the formalities vide order dated 21.07.2014 and 09.09.2014 (Annexure A- 10 and A-11) and he accordingly submitted. Vide letter dated 21.08.2015, the applicant was informed of closure of his case (Annexure A-13).

4. The applicant served legal notices dated 15.01.2022 and 12.03.2022 upon the respondents seeking employment on compassionate grounds/pensionary benefits/family pension up to the age of 25 years. The respondents replied vide letter dated 30.03.2022 stating that the adoption deed is not legal vetted, as such his claim for appointment on compassionate grounds is not tenable. Vide letter dated 23.02.2022, the respondents reiterated that the applicant is not eligible for settlement dues of late Sh. Madan Lal and it has also been intimated on 06.08.2015 that the settlement dues of PF, GIS and DCRG have been paid to deceased’s mother.

5. The contention of the applicant is that he was adopted by Late Sh. Madan Lal by Registered Adoption Deed dated 10.01.2007 and thus, the respondents cannot reject the claim of the applicant for compassionate ground appointment on any flimsy ground. In the impugned orders it has not been shown as to how the Adoption Deed is not legally valid when it has been signed by the original parents of the applicant and the adopted fathe