IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6243 of 2002
Anil Kumar Ram ... ... ... ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE AJIT KUMAR SINHA
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For the Petitioner: Mr. D.K. Dubey
For the Respondents: Mr. A.G.
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6/22.9.2008
This writ petition has been preferred for issuance of a writ of
certiorari for quashing of Memo No. 1079 dated 25.6.2001(issued under
the signature of the commandant, J.A.P.-7, Hazaribagh (respondent
no.3)whereby and whereunder the appointment of compassionate
ground of the petitioner as adopted son has been refused on the ground
that the adoption deed is not in terms of the Hindu Adoption and
Maintenance Act, 1956 and further to issue a direction to the
respondents to appoint the petitioner on compassionate ground treating
him as adopted son in view of adoption deed.
It appears that the respondent authority has rejected the
application of the petitioner for compassionate appointment on the
ground that the adoption deed was not valid and is not in accordance
with the Hindu Adoption and Maintenance Act, 1956 and the impugned
letter dated 11.4.2001 followed by letter dated 25.6.2001 was issued
which is sought to be challenged.
It has specifically been asserted by the counsel for the respondents
that the claim of the petitioner as adopted son is invalid and not in
accordance with the Hindu Adoption and Maintenance Act, 1956. Thus,
he cannot be extended the benefit of the compassionate appointment.
I have also been informed that the petitioner’s father died in
March, 1997 and thus, question of making any corrective measure also
comes to an end.
However, once the validity of adoption deed is doubted and
disputed then the genuineness of the same cannot be adjudicated in a
Writ Jurisdiction.
In the aforesaid background, this writ petition is devoid of any
merit and accordingly dismissed. However, it is for the respondent
authority to consider the case of the petitioner sympathetically but it
should not be treated as direction.
(Ajit Kumar Sinha, J)
Sudhir/Fa