Manish vs The State Of Madhya Pradesh
2024 Latest Caselaw 21245 MP

Madhya Pradesh High Court

Manish vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                  1                              WP-25767-2023
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 6 th OF AUGUST, 2024
                                                  WRIT PETITION No. 25767 of 2023
                                                      MANISH
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Akash Rathi, learned counsel for the petitioner.
                              Ms.Pranjali Yajurvedi, learned counsel for the respondent/state.

                                                                   ORDER

The present petition is filed under Article 226 of the Constitution of India being aggrieved by the communication dated 07.03.2023 issued by respondent no.2, whereby, the petitioner has been asked to produce registered adoption deed.

The facts of the case are that the petitioner is the adopted son of Late Shri Mukesh Kumar Pandit. The father of the Petitioner Late Mr. Mukesh Kumar Pandit s/o Shri. Balkrishna Pandit was working on the post of

Assistant Grade-3 under the Office of Development Block Education Officer, Tribal Affairs Department Dist Barwani. On 12/04/2022 the father of the petitioner Mr. Mukesh Kumar Pandit died while he was serving on the said post and the father of the petitioner was the sole earning member of the family. Subsequently, due to the loss of the father of the petitioner, the petitioner's family became impecunious due to which the petitioner made an application for compassionate appointment with all the relevant documents

2 WP-25767-2023 including adoption document executed on the affidavit dated 12/01/2019. In accordance with the qualifications and rules and being the adopted son of late Mukesh Kumar Pandit, the petitioner was capable of being posted at Grade 3 level on compassionate basis. However, the respondents have not considered the adoption document executed on affidavit submitted by the petitioner instead the petitioner was asked to be present with the Registered Adoption Deed on 15/08/2023 before deciding the application else the Respondent shall take action as per the prescribed procedure and rules. The registration of the adoption deed is not mandatory as per the provisions of law and therefore, being aggrieved of the impugned demand of registered adoption deed and non-appointment of the petitioner on compassionate basis,

the petitioner prefers this petition.

Learned counsel for the petitioner submits that under the provision of Hindu Adoption and Maintenance Act, 1956, there is no requirement for adoption to be compulsorily registered. In support of his submission, he has placed reliance on the judgment passed by the Apex Court in the case of Param Pal Singh Vs. National Insurance Company and Anor reported in (2013) 3 SCC 409. The same view has been taken by a co-ordinate bench in the case of Hemraj Vs. State of MP passed in WP No.4183/2003 decided on 06.08.2013.

Learned counsel for the respondent/state has relied on Rule 16 of the Hindu Adoption and Maintenance Act, 1956. The rule referred by the counsel for the state prescribes only presumption in the case of registered deed under the act. There is no requirement that adoption has to be by

3 WP-25767-2023 registered adoption deed only.

Learned counsel for the respondent/state could not point out any policy regarding compassionate appointment requiring registered adoption deed for the purpose of compassionate appointment. In the case of Manoj Kumar Nagre Vs. State of MP reported in 2016 (2) MPLJ 389 , the court held that the adopted son of a deceased employee has right of consideration for compassionate appointment.

In view of the aforesaid submission, this court finds that the impugned notice issued by the respondent no.2 insisting the petitioner to produce a copy of the registered adoption deed for consideration of compassionate appointment is illegal hence quashed.

The competent authority shall consider the case of the petitioner for compassionate appointment in accordance with law without insisting for production of registered adoption deed within the period of three months from the date of filing of copy of the order by passing a reasoned and speaking order.

With the aforesaid, the present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh