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How can an adopted son gets his father's govt job after death


01-Sep-2023 (In Labour & Service Law)
hello sir my father is adopted son as his uncle died in govt. job but he have 5 daughter and no son so he adopter his elder brother son. but the adoption deed is 4 years before his death. court adoption deed accept nahi kar raha hai kyoki unki education document ya kisi bhi document me jinhone god liya tha unka nam nahi hai. sir pls help me and give me good advice.
Answers (4)

Answer #1
947 votes
Job under dying in harness can only be given to a legal heir and not to anybody else.
Although its also depends upon the sole discretion of the department where the deceased personal was working. So its better to pursue the matter with the department and secondly, submit the applications duly drafted by some good lawyer
Answer #2
790 votes
Hi, First of all you should make a representation before the concerned authority to consider your grievance to give you the job as compassionate appointment. As the matter of compassionate appointment is not the legal right but base on mercy of the court. Here, since the adoption deed has not been proved hence you should file writ petition before the High Court to get the direction that your grievances should be heard by the authority who may appoint you as a compassionate appointment. If they rejected your plea on the ground of adoption certificate you can challenge the same before appropriate court of law.
Thanking you.
Answer #3
959 votes
Approach the the High Court and seek a direction against the concerned court which has been insisting for production of the adoption deed. State before the High Court all the facts and seek a direction that the lower court may be directed to proceed in your matter without insisting for production of adoption deed.
Answer #4
513 votes
Dear Client,
As there is no mention of the religion in the query therefore i am presuming that the religion is hindu.
There are certain provisions of The Hindu Maintenance and Adoption Act, 1956. If those provisions are satisfied then your claim for compassionate appointment will be allowed. If you require any further information or if there is any clarification feel free to contact.
Regards,
Tushar Bahadur,
(Advocate).

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