In a landmark judgment that intertwines ancient religious tenets with modern employment rules, the Orissa High Court has upheld the right of an adopted son to claim a government job on compassionate grounds. The ruling came in response to a plea filed by the Central Government and the South Eastern Railway, challenging an order to consider such an appointment.
Court Bridges Ancient Beliefs and Modern Policy
The bench of Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra delivered the verdict on January 6, 2026. They referenced the deep-seated belief in Hindu tradition that a person without a son is deprived of spiritual salvation, a concept that historically gave rise to the practice of adoption. The court emphasized that adoption is fundamentally a "matter of personal law" for Hindus.
The case centered on K Sadhu Patra, a former railway technician who died in harness in 2008. He had adopted a son in 2003, but the formal adoption deed was registered only in 2010, two years after his death. The railways rejected the adopted son's claim for compassionate appointment, citing a policy that required adoption to be completed before the employee's death.
Validity of Adoption Takes Precedence Over Registration Date
The High Court found the railway's stance difficult to accept. It clarified that the registration of the adoption deed long after the employee's demise was not crucial to its validity. The court noted that a 2013 civil court decree had already affirmed the adoption's legality, which carried significant evidentiary value.
"Once the rites & rituals of the community concerning the adoption are performed, a valid adoption comes into existence," the order stated. It added that the subsequent execution and registration of a deed is merely evidentiary, not constitutive of the adoption itself.
A Caution for Authorities and a Win for Personal Law
While upholding the Central Administrative Tribunal's (CAT) January 2025 order and directing the concerned authority to process the compassionate employment claim within two months, the court also issued a caution. It stated that authorities handling such claims for adoptive children must exercise "due diligence" and "seriousness" to prevent fake claims from prejudicing public employment and deserving candidates.
The judgment highlighted that Parliament, through the Hindu Adoption and Maintenance Act, 1956, had already introduced substantial modifications to traditional 'shaastrik law' on adoption. By siding with the adopted son's claim, the Orissa High Court has reinforced the legal sanctity of adoption under Hindu personal law, ensuring its recognition extends into critical areas like compassionate appointment in public sector jobs.
