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1995 DIGILAW 904 (RAJ)

Rambabu Agarwal v. State of Rajasthan

1995-09-22

N.L.TIBREWAL

body1995
Honble TIBREWAL, J. – This petition raises a short issue but of significance. The question is; ``whether the petitioner, as a adopted son of the deceased Government servant, is entitled to get employment under the Rajasthan Recruitment of Dependents of Government Servants Dying While in Service Rules, 1975 (for short the Rules of 1975). The entitlement of the petitioner has been denied by the respondents on the ground that his legal adoption was not proved. (2). The relevant facts are not much in dispute between the parties. They are Late Shri Trilok Chand Agrawal was a Government Servant holding substantive post as a Tailor in S.M.S. Hospital and Medical College, Jaipur and he died on 4th June, 1985 while he was in Government service. He died as a bachelor. After his death, the petitioner claimed family pension and other ancillary benefits like gratuity, insurance, G.P.F. as being his adopted son. The petitioner was a minor at the time of death of Shri Trilok Chand Agarwal. In order to get pensionary benefits after the death of Shri Trilok Chand, the petitioner had to file a Civil Suit through his guardian which was registered as Civil Suit No. 11/86 and the same was decided on 14.9.89 by the Additional Civil Judge No.5, Jaipur City, Jaipur. The suit was filed against the Chief Secretary, Government of Rajasthan, Principal, S.M.S. Medical College and Hospital, Jaipur; Director, State Insurance and General Provident Fund, Rajasthan; Director, Pension Department, Rajasthan Jaipur & Ors. In the plaint it was stated by him that he was adopted by the deceased Trilok Chand 9 years prior to the filing of the suit and that he (deceased Trilok Chand) also executed an affidavit and a will in his favour. In the will, the petitioner was described by the executant Trilok Chand as his adopted son to be entitled for pensionary benefits and other movable and immovable properties after his death. In the affidavit also the petitioner was declared to be his adopted son and to be the claimant of his movable and immo- vable properties as his heir, being his adopted son. After a detailed enquiry the suit was decreed in favour of the petitioner on 14.9.89. The learned trial Judge placed reliance on the Will executed by Shri Trilok Chand during his life time. After a detailed enquiry the suit was decreed in favour of the petitioner on 14.9.89. The learned trial Judge placed reliance on the Will executed by Shri Trilok Chand during his life time. Consequently, a decree was passed to the effect that the petitioner was entitled to all claims and benefits of the service period of the deceased Trilok Chand including pension, gratuity, State Insurance amount, G.P.F., Medical claim and arrears of pay, if any. The above decree was not challenged by the respondents and in pursuance to the said decree the petitioner received all the pensionary benefits. (3). On the above undisputed facts, the next question is as to whether the petitioner was entitled to get employment under the Service Rules of 1975? (4) Under Service Rules of 1975, employment is provided to one member of the family of the deceased Government servant on compassionate grounds. In fact, the Rules of 1975 are intended to provide social security and to mitigate hardship of the family due to untimely death of the bread earner. Any claim based on compassionate grounds requires liberal and generous approach and entitlement should not be denied to a person by adopting a hard and rigid view by the concerned authorities. (5). Rule 5 makes it obligatory to provide suitable employment to one member of the family of the deceased Government servant dying while in service and such employment is to be provided in relaxation of the normal recruitment rules. The `family of the deceased Government servant has been defined in Rule 2(f) as under:– ``2 (f) - ``Family means the family of the deceased Government servant and shall include wife or husband, sons and unmarried or widow daughters and son/daughter adopted according to the provi- sions of law by the deceased Government Servant, who were dependent on the deceased Government servant; Provided that if no such member of the family be eligible for getting benefit under these Rules, the benefit available under these Rules may be extended to any other close relative of the deceased to be named by the widow or the Guardian of the children of the deceased with the specific approval of the Deptt. of Personnel. (6). of Personnel. (6). From the definition of `Family it is clearly borne out that a son/daughter adopted by a deceased Government servant is also included in his family and he/ she is entitled to get employment under Rule 5 on his death. It is true that the State authorities are required to be vigilant to see that any person does not take undue benefit under the Rules as an adopted son/daughter on the basis of fake claim, but it is equally true that if from the material produced before them the claim of the applicant is prima-facie established, he should not be denied the benefit requiring vigorous proof of his/her entitlement. In the instant case, the petitioner was minor at the time of Trilok Chands death. During his life time he was accepted/declared as his adopted son. This fact was declared in a Will, as well as in the affidavit executed by him during life time. In the Civil Suit No. 11/86, the Additional Civil Judge No.5, Jaipur City, Jaipur, has relied upon both these documents and accepted the claim of the petitioner to get all benefits of service tenure of the deceased Government servant, Trilok Chand. After the judgment of the Civil Court and in view of the declaration made by Shri Trilok Chand during his life time to the effect that the petitioner was his adopted son, there was hardly any ground to reject his entitlement to get employment under the Rules after he became eligible on attaining majority. I have, therefore, no hesitation in holding that the petitioner has been wrongly denied employment under the Rules. (7). The result of the above discussion is that this petition succeeds. The respondents are directed to provide suitable employment to the petitioner as a family member of the deceased Government servant, Trilok Chand within a month from today. The petitioner shall also be entitled to get costs of this litigation, which is quantified as Rs. 1,000/-.