"Punjab & Haryana High Court Upholds Validity of Adoption for Compassionate Appointment in Railways"
"Can an adopted child claim a #compassionateappointment in the #Railways? The #PunjabandHaryanaHighCourt answers this crucial question, reaffirming the validity of adoption under the #HinduAdoptionsandMaintenanceAct. Delve into the court’s reasoning and its reliance on legal precedents in this significant ruling."
➡️Sukhpreet Kaur sought a compassionate appointment in Railways after her adoptive father's death. Railways denied it, claiming her adoption (deed registered when she was over 20) was invalid. Her Class 10 certificate also listed her biological parents. The CAT had ordered Railways to consider her case, but Railways chose to appeal to the High Court.
➡️The primary legal issue before the Court was the validity of Sukhpreet Kaur's adoption under the Hindu Adoptions and Maintenance Act, 1956 (HAMA), and whether this adoption entitled her to compassionate appointment in the Railways.
➡️The Appellants Railways argued that the #adoption was invalid because the deed was registered when Sukhpreet Kaur was over 20 years old. They contended that the claimed adoption date of January 12, 2010, was not credible, especially since her Class 10 certificate did not reflect the names of the adoptive parents.
➡️The Respondent Sukhpreet Kaur maintained that the actual adoption took place on January 12, 2010, when she was a minor, and the registration of the deed in 2017 was a formality. She argued that under HAMA, a registered deed is not mandatory for a #validadoption, and the absence of her adoptive parents' names on her educational certificate was due to administrative reasons.
➡️The Court noted that under HAMA, a registered #adoptiondeed isn't required if the "#givingandtaking" #ceremony occurred. The deed is just evidence. Also, schools usually list biological parents, which doesn't invalidate a valid adoption.
➡️The High Court dismissed the Writ Petition filed by the Railways, upholding the CAT's order directing the Railways to consider Sukhpreet Kaur's case for compassionate appointment within three months.
➡️Case Union of India & Another v. Sukhpreet Kaur and another
WP 28074/2024
Court High Court of Punjab and Haryana
Judge Hon'ble Mr. Justice Sanjeev Prakash Sharma J & Hon'ble Madam Justice Meenakshi I Mehta J
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