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2018 DIGILAW 22 (PAT)

Santosh Kumar S/o Mahendra Thakur v. State of Bihar through the Chief Secretary

2018-01-04

JYOTI SARAN

body2018
JUDGMENT : 1. Heard the parties. 2. The petitioner no. 1 claims to be the adopted son of the deceased employee but there is no statutory document to confirm this position. Unless an adoption takes place in tune with the provisions of the Hindu Adoption and Maintenance Act, 1956, any adoption by way of private arrangement has no legal sanction and perhaps it is for the said reason that the claim has been rightly rejected. 3. Since the adoption herein is not legally valid, the issue as to whether or not an adopted son/daughter of a deceased employee, can claim compassionate appointment is left open for discussion in an appropriate case. 4. Mr. Ram Hriday Prasad, learned counsel appearing for the petitioners informs that in the meanwhile the petitioner no. 2, the husband of the deceased employee has also expired. 5. In the circumstances discussed, the issue raised, does not warrant indulgence and the writ petition is dismissed with the observations above.