CUTTACK: The Orissa High Court on Tuesday clarified the law on compassionate appointment in cases involving adopted children, holding that an adoption validly made before the death of a government employee cannot be ignored merely because the adoption deed or its recognition came later.
The ruling came while dismissing a petition filed by the central government and South Eastern Railway challenging an order of the Central Administrative Tribunal (CAT), Cuttack. A division bench comprising Justices Dixit Krishna Shripad and Sibo Sankar Mishra refused to interfere with CAT’s order dated January 29, 2025, which had set aside the Railway’s rejection of a compassionate appointment claim and directed reconsideration within 60 days.
The case arose from the death of K Sadhu Patra, an ex-technician (C&W) with the Railways, who died in harness on April 2, 2008. His widow, K Subhadra Patra and her adopted son K Adamma Patra sought compassionate appointment. The Railways rejected the claim on December 14, 2021, contending that there was no valid adoption and that the deed had been executed only on February 8, 2010, after the employee’s death.
Rejecting this argument, the high court noted that a civil court judgment and decree dated February 27, 2013 had conclusively declared K Adamma Patra as the adopted son of the deceased employee and his wife. The judgment had attained finality, as all rival claimants were parties to the suit and no appeal was filed.
Importantly, the bench observed that the civil court decree clearly recorded that the adoption had taken place on July 4, 2003, well before the employee’s death. Therefore, the Railway’s reliance on the date of execution of the adoption deed was misplaced.
“If the stipulation in the policy circular is complied with, there is no justification for denying rehabilitation appointment when the breadwinner dies in harness,” the bench observed, endorsing the Tribunal’s reasoning. The court directed the Railways to implement the CAT’s order within two months, warning that non-compliance would be viewed “very seriously” in any further legal proceedings.