Case Note & Summary
The petitioner, Kumari Sweta, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an endorsement dated 09.12.2019 issued by the respondent-Corporation (KPTCL) declining her claim for appointment on compassionate grounds. The petitioner's mother, Smt. Pushpa, was a widow employed with the respondent-Corporation and died issueless. After her husband's death, Smt. Pushpa adopted the petitioner by a registered Deed of Adoption dated 30.11.2001. The petitioner's name was entered as a nominee for family pension in the records. Upon the mother's death, the petitioner applied for compassionate appointment, but the respondents rejected her claim relying on a circular dated 23.09.2011 which stated that an adopted son or daughter of a deceased employee is not eligible for appointment on compassionate grounds. The petitioner contended that the circular was contrary to the Hindu Adoption and Maintenance Act, 1956, which treats an adopted child as a natural child. The respondents argued that the circular was valid and that compassionate appointment is a matter of policy. The court analyzed the provisions of the Hindu Adoption and Maintenance Act, 1956, and held that an adopted child has the same rights as a biological child. The court found that the circular dated 23.09.2011, insofar as it excludes adopted children from compassionate appointment, is ultra vires the Act and therefore invalid. The court quashed the endorsement dated 09.12.2019 and directed the respondents to consider the petitioner's claim for compassionate appointment in accordance with law, without reference to the impugned circular. The petition was allowed.
Headnote
A) Service Law - Compassionate Appointment - Adoption - Widow Employee - Petitioner, adopted daughter of deceased female employee, sought compassionate appointment - Respondent declined citing circular dated 23.09.2011 excluding adopted children - Court held that the circular is ultra vires the Hindu Adoption and Maintenance Act, 1956, and that an adopted child is entitled to the same rights as a biological child - Petition allowed, endorsement quashed, respondents directed to consider petitioner's claim (Paras 1-10).
Issue of Consideration
Whether an adopted daughter of a deceased female employee is entitled to compassionate appointment, and whether the circular dated 23.09.2011 issued by KPTCL excluding adopted children from such benefit is valid.
Final Decision
Writ petition allowed. Endorsement dated 09.12.2019 quashed. Circular dated 23.09.2011, insofar as it excludes adopted children, is ultra vires the Hindu Adoption and Maintenance Act, 1956. Respondents directed to consider petitioner's claim for compassionate appointment in accordance with law, without reference to the impugned circular.
Law Points
- Compassionate appointment
- Adoption
- Widow employee
- Circular ultra vires
- Hindu Adoption and Maintenance Act
- 1956
- Articles 226 and 227 of Constitution of India
