Can adopted son claim government job? Orissa High Court cites ancient Hindu laws to settle major Railway dispute

“An ordinary belief obtains amongst Hindus….(Sankrit Texts)..literally meaning that for a sonless person, there is no heaven/salvation/destination; therefore, man should have a son. This is how the institution of adoption is developed by the ancient Smrutikaraas,” the court said.

Emphasising that adoption is a “matter of personal law” in Hindus, the high court noted that the railway employee adopted the son in 2003. However, the adoption deed was registered in 2010 only after his death.

The high court further noted the railways’ policy, which provided that compassionate appointment requires the accomplishment of adoption before the employee’s death and found the stand “difficult to agree”.

“The adoption deed is registered long after the demise of the employee concerned, and is not much relevant to the validity of adoption,” the bench added.

In its January 6 order, the court upheld the tribunal’s order and directed the authority concerned to consider the adopted son’s compassionate employment within two months.

The high court also noted that Parliament, through the Hindu Adoption and Maintenance Act, 1956, has introduced “substantial alterations and modifications” in the “shaastrik law” relating to adoption.

‘Validity of adoption’

Noting that a 2013 civil court decree affirmed the validity of the adoption, the court found that the order carries significant “evidentiary value”.

Once the rites & rituals of the community concerning the adoption are performed, the court said, a “valid adoption” comes into existence, and the “adoptee” becomes the son/daughter of the “adopters”.

“It needs no mentioning that performance of prescribed rites is constitutive of adoption and subsequent execution & registration of Deed of Adoption is only evidentiary,” the order read.

‘Interest of deserving candidates’

Considering the domain of public employment, the high court pointed out that it is open to the employer to regulate the terms and conditions of appointment on compassionate grounds.

However, the court also cautioned that the authorities handling claims for compassionate appointment of “adoptive children” must exercise “due diligence” and “seriousness”, lest fake claims be favoured, to the prejudice of public employment and the “interest of deserving candidates”.

Background

The railway employee, K Sadhu Patra, was working as an ex-technician in the railway department and died in harness in 2008. Subsequently, the adopted son sought appointment on compassionate grounds, but the railway rejected the claim, saying “no adoption” since the alleged adoption deed was registered in 2010, only after the death of the employee.

The adopted son and the widow then approached the CAT, which quashed the rejection order and directed the railways to reconsider the claim within sixty days.