Rajasthan High Court - Jodhpur
State Of Rajasthan vs Mukesh Suthar (2025:Rj-Jd:43841-Db) on 6 October, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1192/2024
1. State Of Rajasthan, Through Secretary, Department Of
Public Health And Engineering, Government Of Rajasthan,
Jaipur.
2. The Chief Engineer (Admn.), Public Health And
Engineering Department, Rajasthan, Jaipur.
3. Superintendent, Engineer
4. Executive Engineer, Public Health And Engineering
Department, Circle Bikaner, Bikaner, Rajasthan.
5. Asstt. Engineer, Public Health And Engineering
Department, Production, Supply And Revenue Sub
Division Vii, Nathusar Gate, Bikaner.
----Appellants
Versus
Mukesh Suthar, Resident Of Vinayak Colony, Prahladji Ki Badi,
Sujandeshar, Gangasehar, Bikaner.
----Respondent
For Appellant(s) : Mr. Sajjan Singh Rathore, AAG.
For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
06/10/2025
1. Heard learned AAG Mr. Sajjan Singh Rathore on the
application for condonation of delay as well as on the merits of the
appeal itself.
2. The present appeal has been filed against the order dated
06.05.2023, whereby the writ petition preferred by the respondent
has been allowed with a direction to the appellants to offer
compassionate appointment to the respondent-petitioner in
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accordance with the law, latest by 31.07.2024, if the respondent
is otherwise eligible.
3. Learned Additional Advocate General vehemently submits
that the adoption of the respondent-petitioner creates suspicion as
the deed of adoption was executed just one day before the death
of the mother of the respondent-petitioner i.e. on 29.06.2009. On
this ground alone, learned Additional Advocate General submits
that the respondent-petitioner is not entitled for grant of
appointment on compassionate grounds, therefore, the appeal
may be allowed and the order dated 06.05.2023 may be quashed
and set aside.
4. Learned Additional Advocate General further submits that
even the adoption deed was executed after the respondent-
petitioner had attained the age of 15 years. Therefore, the same
cannot be held to be a valid adoption.
5. We have considered the submissions made at the Bar and
have gone through the relevant material available on record.
6. The argument of the learned AAG that the adoption deed is a
suspicious one is basically unfounded on the ground that the
respondent-petitioner had applied for a succession certificate
under Section 372 of the Indian Succession Act, 1925 and in those
proceedings the appellants were also party-respondents. The
learned Court of District Judge, Bikaner after framing the issues
had allowed the application vide its judgment dated 29.09.2012
and the adoption of the present respondent was found to be valid
and in accordance with the law. The judgment dated 29.02.2012
passed by the District Judge, Bikaner has not been assailed and
therefore, there is no reason for this Court to come to the
conclusion that the adoption of the respondent-petitioner was
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dehors the law. It is also noted that in all the correspondence,
educational degrees and other documents, the name of the
respondent-petitioner's father is shown to be "Dhanna Ram" to
whom the respondent-petitioner had gone as an adopted child.
The learned Single Judge has dealt with the issue in detail and has
rightly concluded that the respondent-petitioner is a validly
adopted child of the deceased Government servant and, therefore,
he is entitled to be granted compassionate appointment as per the
Rajasthan Compassionate Appointment of Dependents of
Deceased Government Servants Rules, 1996.
7. In view of the discussions made above, there is no merit in
the appeal. Hence, the present special appeal stands dismissed.
8. Accordingly, IA No.1/2024 also stands dismissed.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
56-Jatin-sumer/-
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