TMI Blog2009 (5) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... gir. The said application was allowed by an order dated 15.01.1996 passed by Civil Judge, Class I, Janjgir. 3. In the said application for grant of the said succession certificate, the respondent did not make any averment that he was adopted by the said Chittaranjan Singh Sengar. 4. Indisputably, Chittaranjan Singh Sengar did not make any nomination in regard to his provident fund and other dues. The said succession certificate was produced before the Deputy Director (Education) who noticed: "Legal succession certificate of Shri Dheeraj Kumar Sengar S/o Shri Ganesh Singh Sengar, legal heirs of Late Shri Chittaranjan Singh Sengar, R/o Village - Latia, Tahsil - Janjgeer Bilaspur is forwarded for information and implementation. They produce his original certificate regarding qualification before concerned block/ principal for his observation." 5. Respondent filed an application for appointment on compassionate ground. The said application was rejected by the Joint Director Education Division, Bilaspur. 6. However, despite the fact that his application for grant of compassionate appointment was rejected by the Joint Director, a purported order of compassionate appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le yet firm in this jurisdiction." 9. A writ petition was preferred thereagainst by the respondent, which by reason of the impugned judgment and order dated 13.09.2006 has been allowed, stating: "...The impugned order itself would disclose that in support of his case, the petitioner has produced not only the deed of adoption as Annexure A-1 but also Succession Certificate issued by the competent Court of law as Annexure A-2. It seems to our mind that learned Tribunal had not applied its mind to the Succession Certificate issued by the competent court of law as Annexure - A-2. It seems to our mind that learned Tribunal had not applied its mind to the Succession Certificate issued by the competent court of law. It is needless to state that the Tribunal has no jurisdiction to question the correctness of Succession Certificate Annexure A-2. The deed of adoption and certificate of succession would undeniably prove that the petitioner is the adopted son of the deceased Chitaranjan Singh Sengar who died in harness. It is nobody's case that the petitioner being adopted son of the deceased employee is not entitled to seek appointment on compassionate ground to a suitable post. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority of India Ltd. v. Madhusudan Das and Ors. [2008 (15) SCALE 39], this Court held: "...This Court in a large number of decisions has held that the appointment on compassionate ground cannot be claimed as a matter of right. It must be provided for in the rules. The criteria laid down therefor, viz., that the death of the sole bread earner of the family, must be established. It is meant to provide for a minimum relief. When such contentions are raised, the constitutional philosophy of equality behind making such a scheme be taken into consideration. Articles 14 and 16 of the Constitution of India mandate that all eligible candidates should be considered for appointment in the posts which have fallen vacant. Appointment on compassionate ground offered to a dependant of a deceased employee is an exception to the said rule. It is a concession, not a right." 16. This Court in I.G. (Karmik) v. Prahalad Mani Tripathi [(2007) 6 SCC 162] carved out an exception to the ordinary rule of recruitment, stating: "6. An employee of a State enjoys a status. Recruitment of employees of the State is governed by the rules framed under a statute or the proviso append ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 16 of the Hindu Adoptions and Maintenance Act, 1956. The adoption was purported to have been recorded on a stamp paper of Rs. 2/-. We have noticed hereinbefore that in the application for grant of succession certificate, G.S. Sengar was described as his father. Even in the marksheets which had been drawn up on the basis of the record maintained in the school in which he was studying, his father's name was G.S. Sengar. It may be correct that for the purpose of proving that the respondent was adopted son of the deceased, a registered deed of adoption was not imperative in character, but then, he was required to prove that datta human ceremony or compliance of the other statutory conditions for a valid adoption had taken place. In terms of Section 106 of the Indian Evidence Act, the respondent having special knowledge in regard thereto, the burden of proving the fact that he was adopted by Chittaranjan Singh Sengar was on him. He did not furnish any evidence in that behalf. Even the records clearly show to the contrary. 19. It is in the aforementioned premise, the contention in regard to the breach of audi alteram partem doctrine must be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thers v. State of Punjab and Others [(2006) 11 SCC 356], Mohd. Sartaj and Another v. State of U.P. and Others [(2006) 2 SCC 315], Jaswant Singh and Others v. State of M.P. and Others (2002) 9 SCC 700 and State of M.P. and Others v. Shyama Pardhi and Others [(1996) 7 SCC 118] to contend that audi alteram partem doctrine should have been complied with. In these cases, requirement to comply with the principles of natural justice has been emphasized. The legal principles carved out therein are unexceptional. But, in this case, we are concerned with a case of fraud. Fraud, as is well known, vitiates all solemn acts. [See Ram Chandra Singh v. Savitri Devi and Others (2003) 8 SCC 319, Tanna Modi v. CIT, Mumbai XXV and Others (2007) 7 SCC 434 and Rani Aloka Dudhoria and others v. Goutam Dudhoria and others [JT 2009 (3) SC 616] 23. The High Court, therefore, must be held to have committed a serious error in passing the impugned judgment. A succession certificate can be granted in favour of any person. It may be granted to an heir or a nominee. By reason of grant of such certificate, a person in whose favour succession certificate is granted becomes a trustee to distribute ..... X X X X Extracts X X X X X X X X Extracts X X X X
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