HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.6769 OF 2023

ORDER:

Heard Sri K.Rajanna, learned counsel appearing on

behalf of the petitioner and Sri P.Sri Harsha Reddy, learned standing counsel appearing on behalf of the

respondents.

2. The petitioner approached the Court seeking

prayer as under:

“…….to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not recording the petitioners adopted Son name Katika Rajendra Prasad by deleting his deceased Son name i.e. K. Rajashekar, who died on 12/06/2014 in the Service register of the petitioner and passing of the impugned proceeding No. RG.1/GDK2 and 2A/WO/3782, dated 13/09/2022 without considering of the Decree in OS. No. 59/2021 (Lok-Adalat Case No. 45/2021), dated 10/04/2021 on the file of the Learned Prl. Junior Civil Judge, at Godavarikhani as well as the registered Adoption-Deed No. 22/2021, dated 27/04/2021, as bad in law and violate of Principals of natural justice and Consequently to direct the respondents to record the name of adopted Son of Petitioners by deleting petitioners deceased son, who died on 12/06/2014 in the Petitioners

service register by suspending the impugned proceeding No. RG.1/GDK2 and 2A/WO/3782, dated 13/09/2022, in the interest of justice and to pass….”

3. It is specific grievance of the petitioner that The case of the petitioner in brief, is that, the petitioner is working as Singareni employee vide EC No. 2105181 and had a son by name Rajashekar, who passed away on 12.06.2014. After the death of the petitioner’s son, the petitioner and his wife adopted one Rajendra Prasad vide adoption deed No. 22/2021 dated 27.04.2021 and the same was decreed in OS. No. 59 of

2021 (Lok Adalat Case No. 45 of 2021) dated 10.04.2021.

Thereafter, the petitioner submitted an application dated

11.02.2022 to the respondents for recording the petitioner’s adopted son’s name in the petitioner’s service register by deleting the deceased son’s name. In pursuance to the said application, the respondent No. 2 had issued impugned proceedings dated 13.09.2022, stating that the petitioner failed to take the consent of the respondent prior to the adoption and that the petitioner’s adopted son’s name cannot be recorded in the company register as the same is against the company rules. Aggrieved by said action of the respondent No.2, the petitioner approached the Court by filing the present Writ Petition.

4. PERUSED THE RECORD:-

A. The impugned proceedings Ref:RG.1/ GDK2&2A/ WO/ 3782, dated 13.09.2022 issued by the respondent-corporation is extracted hereunder:-

“ It is informed to you i.e. Sri.Katika Muttaiah, S/o Katika Kanakaiah, Aged about 54 years, Occ:SCCL- Employee, R/o H.No.16-3-9, 2 incline Colony, Bellampalli Village & Mandal, Mancherial District, we have received your application dated 11.02.2022 for recording of your adopted son name in the company records.

That after getting the opinion of our legal-

panel it is informing you that you have obtained the orders before the Lok-Adalat by compromising the Decree, without taking the consent of the Company and the said Decree is against the company Rules and Section 10 of Hindu Succession Act, 1956.

Therefore your application in respect of recording of your adopted son name in the company records is against the Company Rules, Hence, informed.

B. The affidavit filed by the General Secretary of Mala Maha Naadu Committee, Peddapalli District, Telangana State is extracted hereunder:-

1. I am the deponent herein and the General Secretary of Mala Maha Naadu Committee, Peddapalli District, Telangana State. I know the Petitioner herein who is member of our Mala Maha Naadu Sangham and as such I am acquainted with the facts of the case. I am giving this affidavit with my free will and without any coercion on the advise of our Counsel.

2. I submit that, the Petitioner herein, i.e., Katika Muttaiah has two children, i.e., one son namely Rajasekhar and daughter Smt. Katika