Jitendra Rathore vs The State Of Madhya Pradesh
2023 Latest Caselaw 12949 MP

                                                                       -1-


                            IN THE               HIGH COURT OF MADHYA PRADESH
                                                       AT I N D O R E
                                                                      BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                       ON THE 9th OF AUGUST, 2023
                                                    WRIT PETITION No. 19414 of 2023

                           BETWEEN:-
                           JITENDRA RATHORE S/O NANA RATHORE, AGED ABOUT 29 YEARS, R/O
                           TAVDI MOHALLA, KHARGONE (MADHYA PRADESH)
                                                                                                           .....PETITIONER
                           (SHRI RAJEEV BHATJIWALE, ADVOCATE.)

                           AND
                              THE STATE OF MADHYA PRADESH, THROUGH PRINCIPAL
                           1. SECRETARY, PHE DEPARTMENT, VALLABH BHAWAN, BHOPAL
                              (MADHYA PRADESH)
                                 CHIEF ENGINEER, PHE DEPARTMENT, INDORE RANGE, INDORE
                           2.
                                 (MADHYA PRADESH)
                                SUPERINTENDENT ENGINEER, PHE DEPARTMENT, KHARGONE
                           3.
                                DIVISION, KHARGONE (MADHYA PRADESH)
                                 EXECUTIVE   ENGINEER,  NARMADA    GHATI                                      VIKAS,         PHE
                           4.
                                 DEPARTMENT, BARWANI (MADHYA PRADESH)
                                                                                                        .....RESPONDENTS
                           (SHRI SHANTNU CHOURASIA, GOVERNMENT ADVOCATE.)
                           --------------------------------------------------------------------------------------------------------
                                   This petition coming on for orders this day, the court passed the

                           following:

                                                                         ORDER

[1] The petitioner has filed the present petition challenging the

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-08-2023 16:13:31

order dated 14.08.2020 and 08.09.2020 whereby his claim for compassionate appointment has been rejected.

[2] The petitioner is claiming himself to be an adopted son of Late Nanaji Rathore who was working as class-IV employee in PHE Department, he died on 03.01.2017 during the service. The petitioner submitted an application on 07.10.2017 claiming compassionate appointment as an adopted son of Late Nanaji Rathore. The petitioner also filed a Civil Suit No. RCS 829-A/2018 and got a declaration that he is an adopted son of Late Nanaji Rathore and his wife Uma Rathore. He again submitted a representation along with a copy of judgment.

[3] Superintendent Engineer, PHE Department, Khargone vide letter dated 14.08.2020 has rejected his application on the ground that the name of the petitioner is not recorded in the nominee form of service book of Late Nanaji Rathore. Thereafter, again the petitioner submitted a representation and approached this Court by way of this petition.

[4] Learned counsel for the petitioner submits that the petitioner is an adopted son and under the transfer policy the adopted son is also entitled for the compassionate appointment. It is further submitted that the civil Court vide judgment dated 01.07.2019 gave a declaration that he was validly adopted on 06.01.1997 at the age of 3 years by performing the ritual prevailing in the community and since 06.01.1997 he is being known as adopted son of Late Nanaji Rathore and Smt. Umabai Rathore, therefore, the respondents have wrongly rejected her claim that being an adopted son he is not entitled for compassionate appointment.

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-08-2023 16:13:31

Heard.

[5] The petitioner filed a suit for declaration on 29.11.2018 i.e. after the death of Late Nanaji Rathore, on 13.01.2017. In the said suit, the respondent department was impleaded as one of the defendants. If the petitioner was adopted in the year 1997 then in all his educational certificates the name of his father must be written as Shri Nanaji Rathore but the petitioner has not filed any of the document. Had the petitioner been adopted in the year 1997 then Late Nanaji Rathore would have disclosed this fact to the department and made him nominee or included his name in the list of dependants.

[6] The petitioner has not filed the copy of Aadhar Card, Voter ID Card, Samagra ID Card to show that name of his father is recorded as Nanaji Rathore, therefore, in absence of any valid document, the respondents have rightly rejected his claim for compassionate appointment.

[7] In view of the above, no case for interference is made out. Accordingly, Writ Petition stands dismissed.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 10-08-2023 16:13:31