2026:CGHC:11822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 621 of 2020 D si i g g n it e a1d l l b y y - Gautam Singh S/o Dilsai Singh Aged About 36 Years R/o HARNEET HARNEETKAUR KAUR Date:

2026.V03.1i3llage Rakeli, Post Jamdih, Block Udaipur , District Surguja

10:54:51 +0530 Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary , Economics And Statistics Department , Mahanadi Bhawan , Mantralaya Capital Complex , Atal Nagar, Nawa Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Director Directorate Of Economics And Statistics, Ground Floor , Block No. 2, Indrawati Bhawan, Nava Raipur , Atal Nagar , Chhattisgarh., District : Raipur, Chhattisgarh 3 - Collector (District Project Statistics) Surguja, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Kabeer Kalwani, Advocate For Respondent(s)/ : Mr. Amit Buxy, Dy. G.A.

State SB - Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

12.03.2026

1. Petitioner herein is aggrieved by the impugned order dated 24/10/2019 (Annexure P/1) by which his application for grant of compassionate appointment has been rejected finding no merit.

2. Learned counsel for the petitioner would submit that respondent No. 2 is absolutely unjustified in holding that adoption deed (Annexure P/4) is not in accordance with Section 10 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter, “the Act of 1956”) thereby, rejecting the claim of the petitioner for compassionate appointment, therefore, the impugned order is liable to be set aside.

3. Learned State counsel would support the impugned order and submit that Government servant namely Dilsai Singh died in harness on 14/05/2004 whereas the application seeking compassionate appointment was filed by the petitioner on 25/04/2013 (Annexure P/5), i.e. with a delay of 9 years and moreover, his adoption deed (Annexure P/4) is also not in accordance with the provision contained under Section 10 of the Act of 1956, as such, the instant writ petition is liable to be dismissed.

4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and perused the records.

5. Admittedly, the Government servant namely Dilsai Singh died on harness on 14/05/2004, however, the application for compassionate appointment has been filed by the petitioner on 25/04/2013 (Annexure P/5), as such, there is a delay of 9 years in filing the application for compassionate appointment which is not a nominal delay while making a claim for compassionate appointment. Furthermore, the adoption deed (Annexure P/4) was executed on 25/03/2013 whereas the date of birth of the petitioner is 19/07/1983, as such, on the date of execution of the adoption deed, petitioner was aged about 30 years and as per Section 10(iv) of the Act of 1956, no person shall be capable of being taken in adoption unless he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. Thus, the adoption deed (Annexure P/4) is in teeth of Section 10(iv) of the Act of 1956.

6. In view of the aforesaid legal analysis, I am of the considered opinion that the application filed by the petitioner for grant of compassionate appointment has rightly been rejected on the ground of delay as well as on the ground that the adoption deed of the petitioner (Annexure P/4) is contrary to the provision contained under Section 10(iv) of the Act of 1956.

7. Accordingly, this writ petition, being devoid of merits, is liable to be and is hereby dismissed leaving the parties to bear their own cost(s).

Sd/-

(Sanjay K. Agrawal)

Judge

Harneet