Punjab and Haryana High Court: In an appeal filed by the Union and the Railways against the order passed by the Central Administrative Tribunal (‘the Tribunal’) whereby the respondent’s application was allowed and the State was directed to consider her for compassionate appointment within three months, the Division Bench of Sanjeev Prakash Sharma* and Meenakshi I. Mehta, JJ., denied the appeal holding that the adoption of a Hindu child in a Hindu family could be made by way of a registered-deed or even without it. Additionally, the Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.
Background
The respondent’s deceased father was an employee of the Railways who died while in service. The State had denied compassionate appointment to the respondent on the ground that she was not a legitimate adopted daughter of the deceased employee. They contended that the adoption deed stated that although the adoption took place in 2010, it was registered in 2017. Additionally, the class 10th certificate of the respondent did not reflect the name of the deceased employee but rather the original parents.
Analysis
The Court noted that the respondent’s date of birth was 23-03-1997, and her adoption took place in 2010 as per the adoption deed, however, it could not be registered at the time and was registered in 2017.
Noting this, the Court stated that the Hindu Adoptions and Maintenance Act, 1956 (‘HAMA’) provided that the adoption of a Hindu child in a Hindu family could be made by way of a registered deed or even without it. However, an act of giving and taking in adoption had to be performed by both the parties, the biological as well as the adoptive parents. An adoption, which was done by a customary method or by any such give and take, might be reduced to writing subsequently, and the adoption deed may, thereafter, be registered. As per Section 16 of HAMA, once an adoption deed was registered, it would be presumed that a valid adoption had taken place.
Regarding the school certificate, the Court stated that it was common knowledge that School Education Boards only recognized the actual parents for being mentioned in the certificate, and the names of parents would change only if a registered adoption deed was presented. In the absence of a registered adoption deed in 2013, naturally, the 10th class certificate of the respondent mentioned the names of the original parents rather than the adoptive parents. The Court held that this was not a reason to deprive the respondent’s claim for compassionate appointment.
The Court stated that the order of the Tribunal considered these aspects at length, thus, the Court did not need to reiterate them.
Holding the aforesaid, the Court denied the appeal and upheld the impugned order.
[Union of India v. Sukhpreet Kaur, CWP No. 28074 of 2024 (O&M), decided on 13-02-2025]
*Judgment authored by Justice Sanjeev Prakash Sharma
Advocates who appeared in this case:
For the petitioners: Meghna Malik, Central Government Counsel