Md. Azamuddin vs Nafees Fathima
2021 Latest Caselaw 3555 Tel

 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

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