Registration of adoption deed not mandatory for compassionate appointment; satisfactory proof via Panchayati deed, records, and civil decree suffices if adoption valid pre-employee death.

O R D E R

Per: SURESH KUMAR BATRA MEMBER (J):-

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

(i) To issue an order or direction in the nature of certiorari for quashing of the impugned order dated 20.02.2019 (Annexure P- 7), whereby, the respondents in an illegal, arbitrary & whimsical manner have rejected the claim of compassionate appointment to the applicant by wrongly reiterating that the adoption deed is required to be registered whereas there is no such condition of registration of the adoption deed, inspite of the fact that the applicant had been eligible for such appointment.

(ii). To issue a writ, order and direction in the nature of mandamus directing the respondents to grant compassionate appointment to the applicant (in accordance with the instructions given by Government of India, Ministry of Railways/Rail Mantralya (Railway Board) vide No. E(NG)III/78/RC-1/1 dated 07.04.1983, as amended up to date) being the son/adopted son of late Sh. Bishamber Singh who has died while in harness, thus making the applicant eligible for compassionate appointment.

2. The factual matrix of the case is that Sh. Bishamber Singh was working as a Carpenter in the Railway Workshop at Jagadhri under Northern Railway. While in service, he unfortunately died on 09.02.2003 (Annexure P-1). The applicant Kanwar Pal claims to be the adopted son of late Sh. Bishamber Singh, the adoption having been effected through a Panchayati adoption deed (Goodh-Nama) dated 24.08.1980 (Annexure A- 2/A). The applicant‟s name has also been recorded as son of Sh. Bishamber Singh in his school records, including the scholar register and transfer certificate dated 07.03.2003 (Annexure P-2/B). Sh. Bishamber Singh and his wife Smt. Chand Kaur had no natural children. They proposed to adopt the applicant from the family of Sh. Pitam Singh, brother of Sh. Bishamber Singh, who had seven children. The adoption of the applicant was thus made before the Panchayat on 24.08.1980. Subsequently, another child, Smt. Nisha Rani, was also adopted by late Sh. Bishamber Singh and his wife.

3. After the death of Sh. Bishamber Singh, the applicant being validly adopted son, being eligible for compassionate appointment, applied for compassionate appointment on the basis of the adoption document (Godh-Nama) dated 24.08.1980 and school certificates. However, the disputes arose regarding succession to the assets and service benefits of deceased employee. Smt. Nisha Rani filed a suit under Section 372 of the Indian Succession Act, 1925 (Case No. 12 dated 14.03.2003). With the intervention of elders, a compromise was arrived at on 07.11.2003, whereby the applicant and Smt. Nisha Rani were to share equally the savings and other benefits of late Sh. Bishamber Singh, and Smt. Nisha Rani relinquished her claim to compassionate appointment in favour of the applicant (Annexure P-3).

4. Despite the compromise, other legal heirs filed a suit for permanent injunction in 2005 challenging the adoption of Smt. Nisha Rani and restraining withdrawal of FDRs and railway dues. That suit was withdrawn on 23.02.2010 on compromise basis, and the succession case under Section 372 of the Indian Succession Act was dismissed in default on 08.12.2009. Thereafter, the applicant reiterated his claim for compassionate appointment by furnishing the compromise and