Adopted Child Entitled To Seek Compassionate Appointment: Karnataka High Court
Case: Girish S/O Vinayak Kmuttatti V. State Of Karnataka & Others
Coram: Justices Suraj Govindaraj and G Basavaraja
Case No.: WRIT APPEAL NO. 100362 OF 2022
Court Observation: “A son is a son or a daughter is a daughter, adopted or otherwise, if such a distinction is accepted then there would be no purpose served by adoption.”
“The appointing authority would have to consider the application of compassionate appointment if indeed there is financial stringency or difficulty requiring compassionate appointment…In the present case, the daughter being a natural daughter, would have been entitled to a compassionate appointment if not for her being mentally retarded as also physically handicapped. In such a situation, it is the adopted son who was so adopted by the deceased to take care of the family on account of the death of a natural-born son who has applied for a compassionate appointment.”
“The distinction made between the adopted son and a natural son by respondent Nos.2 and 4 either on the basis of the existing Rules in our considered opinion would not have any impact or role to play in the matter… taking into account that the same would violate Article 14 of the constitution, the said Rules have been amended so as to do away the artificial distinction.”
Previous Posts
Family Court Can Restore Application U/S 125 CrPC After Its Dismissal For Default: Orissa High Court
Doctrine Of Group Of Companies, Can’t Implead Third Party To Arbitration: Delhi High Court
Keywords
Adopted Child, Compassionate Appointment
