New Delhi. Now adopted son or daughter can also be entitled to compassionate job. If a person dies suddenly, then his adopted son will also get a job on compassionate grounds. The Karnataka High Court has said that an adopted child also has the same rights as a biological child. That’s why they cannot be discriminated against considering giving jobs in place of parents on compassionate grounds. The court has further said that if such discrimination is done then no purpose of adoption would be served.
The Karnataka High Court on Tuesday held that an adopted child can obtain compassionate appointment after the death of his adoptive parents. This adopted child only takes care of the family. A division bench of Justice Surat Govindaraj and Justice G. Basavaraj of the Karnataka High Court, while giving this judgment, said, ‘Whether the son is a son or the daughter is a daughter, adopted or otherwise, if such a difference is accepted Adoption will not serve any purpose.
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Who has the right on compassionate job
Explain that the High Court was hearing a writ petition of an adopted son, whose adopted father was working as a class IV employee in the office of the Assistant Public Prosecutor. After his death, the application of his adopted son for compassionate employment was rejected.
Whose claim is stronger on compassionate job
Significantly, a person named Vinayak M Mutati was a Class IV employee in the office of Assistant Public Prosecutor, Banahati. The natural son of this person had died in a road accident. After this Mutati adopted a boy named Girish in the year 2011. In the year 2018, the adoptive father Mutati also passed away. Thereafter, the application for compassionate appointment of Mutati’s adopted son was rejected by the department on the ground that he was adopted by the appellant.
An adopted child can obtain compassionate appointment after the death of his adoptive parents.
biological son or daughter or adopted son or daughter
After the compassionate appointment, the applicant approached the Karnataka High Court, but the petition was dismissed by a single bench of the High Court on the ground that there is no provision in Karnataka for considering an adopted son for compassionate appointment. The petitioner again filed a writ in the court.
On this the decision of the High Court came that the appointing authority would have to consider the application for compassionate appointment. Because, in this case the biological daughter will also be entitled to compassionate appointment, if she is not physically handicapped along with being mentally unsound. Therefore now the adopted son is entitled to compassionate appointment, who was adopted by the deceased.
FIRST PUBLISHED : November 23, 2022, 16:21 IST