The petitioner sought compassionate appointment as the adopted son of a deceased lower division clerk. The High Court rejected the writ petition, holding that legal proof of adoption by the deceased mother is mandatory and a Lok Adalat order insufficient.
The Writ Petition was rejected; no relief granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 437 OF 2019
Anand Laxman Seema … Petitioner
V/s.
Union of India and Anr.
... Respondents
Mr. Himanshu Takke for the Petitioner
Ms. S.V. Bharucha for the Respondent No.2
CORAM : NITIN JAMDAR & M.S. KARNIK, JJ.
DATE : 18 FEBRUARY 2020.
P.C. :-
Heard learned Counsel for the parties.
2 37. WP 437.19.doc
ground on the basis that he is her adopted son. On 24 May 2013, the Petitioner was informed to submit an Adoption Certificate. The Petitioner did not do so.
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compassionate appointments on the ground of immediate necessity, it is not possible to issue a writ to the Respondents to consider the claim of the Petitioner on compassionate basis.
M.S. KARNIK, J.
NITIN JAMDAR, J.
Digitally signed Jyoti P. by Jyoti P. Pawar Date: 2020.02.25 Pawar 11:37:01 +0530
2 issues framed by the court
Whether a writ can be issued to consider a compassionate ground application requiring proof of adoption not established by the deceased parent.
Whether a Lok Adalat declaration regarding adoption obtained without the adopted parent's consent can legally establish adoption for welfare scheme claims.
Anand Laxman Seema
Union of India
Provident Fund
Nitin Jamdar
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
