THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
Writ Appeal No.472 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of an order dated
09.08.2019 passed by the learned Single Judge in
W.P.No.4017 of 2009.
The undisputed facts of the case reveal that the writ
petition was preferred by Nafees Fatima and Kanees
Fatima, who were the daughters of the deceased
employee, who was serving the Municipal Corporation of
Medak. A prayer was made for grant of compassionate
appointment and also for grant of terminal dues. The
undisputed facts also reveal that the deceased employee
was having three daughters and out of the three
daughters, two daughters have filed the writ petition
claiming compassionate appointment and grant of
terminal dues. During the pendency of the writ petition,
an application for impleadment was filed by the appellant
stating that he is the adopted son of late Habeeb Ali
Khan. The learned Single Judge has not commented
upon the adoption. However, the learned Single Judge
has directed the respondents to decide the representation
of the writ petitioners dated 23.08.2006. As the 2 daughters were claiming compassionate appointment, the same was also granted to one of the daughters and the terminal dues have also been paid. The appellant before this Court, who is claiming himself to be the adopted son of the deceased employee, is also claiming right in the terminal dues and is also claiming compassionate appointment.
In the considered opinion of this Court whether the adoption was legal or not and whether any adoption has taken place or not cannot be decided, and has rightly not been decided by the learned Single Judge. Such a right can only be declared in a suit claiming declaration. This Court also does not find any reason to interfere with the order passed by the learned Single Judge. The admission is declined. Liberty is certainly granted to file a civil suit in case the appellant is so advised.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 18.11.2021 vs