Gurpreet Singh v. State Of Punjab And ORS
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$ $% - "After hearing learned counsel for the parties and examining the available record, I am of the considered opinion that the impugned order is totally unreasonable. Husband of the petitioner, who retired from the BSF, was mistaken as a terrorist along with her minor son and three others was killed by the CRPF, as a result thereof, practically, the petitioner, not only became widow but also an orphan and in order to survive emotionally, she adopted her brother's son at the time of his birth and thereafter the adopted son is recorded in all the public documents i.e. the certificate issued by the Punjab School Education Board etc. as son of Gurcharan Singh and Sukhwinder Kaur and not the son of her natural parents. The policy dated 05.02.
1996 appears to have been made to rehabilitate the families whose bread1winner is either killed or 100% physically handicapped either in terrorist action or by security forces by offering employment on compassionate ground either to the widow, dependent son, dependent unmarried daughter, adopted unmarried son or adopted unmarried daughter.
In the present case, the adoption is not of a major/adult person just in order to obtain the benefit of the policy rather the adoption took place even before the policy came into being. The adoption was for the purpose of giving support to the widowed
petitioner in her old age and for that matter, her own brother came forward by giving his son in adoption to his sister. The objection raised by the respondents in the impugned order that the adopted son Jaskaran Singh is not the son of the deceased Gurcharan Singh is really fantastic because the petitioner has placed on record voluminous documentary evidence such as his academic testimonials in which he has been recorded as the son of Gurcharan Singh and not the son of his natural father. Even otherwise, as per Section 12 of the Hindu Adoptions and Maintenance Act, 1956, after the adoption takes place, the ties of the adopted person are permanently disconnected with his natural family for all intents and purposes. Moreover, in Kanwaljit Singh's case (supra), relied upon by the counsel for the petitioner, this Court has categorically held that the son adopted by widow gets transplanted from natural parents to adoptive family and becomes son not only of widow but also of deceased husband of the widow.
Keeping in view the aforesaid discussion, the present writ petition is hereby allowed, impugned order is set aside and the respondents are directed to consider case of the petitioner for the purpose of compassionate appointment to her adopted dependent unmarried son as early as possible, preferably within a period of 2 months from the date of receipt of certified copy of this order."
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5#62#+ )7 - -- kanchan
Whether speaking/reasoned : Yes Whether reportable : Yes