Right to Adoption

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14/09/2010

Coram : THE HONOURABLE MR.JUSTICE K.CHANDRU

W.P.(MD)No.6823 of 2008

Adlin Maria(Minor)
Rep.by her father and Guardian J.Mohandas … Petitioner

Vs

1.The Accountant General,
(A&E)
Chennai.

2.The Assistant Accounts Officer,
Office of the Accountant General,
(Accounts & Entitlements)
Tamil Nadu,
Chennai.

3.The Sub-Treasury Officer,
Kalkulam,
Thuckalay Post,
Kanyakumari District. … Respondents

PRAYER

Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to No per XI III Pt.No.915/08-09/45, dated 14.05.2008 on the file of the Assistant Accounts Officer, Office of the Accountant General (Accounts and Entitlements),the second respondent herein, quash the same and direct the respondents to sanction and give family pension of deceased Rosammal (P.P.O No.625080 Kdgs) to the petitioner herein.

For Petitioner … Mr.K.Sree Kumaran Nair
For 1st Respondent … (R1 not served)
For Respondents 2&3 … Mr.S.C.Herold Singh,
Government Advocate.

:ORDER

The petitioner is a minor represented by her father and guardian,
Mr.J.Mohandas. It is claimed that the petitioner was born as a girl child on
13.12.1992. She was adopted by Rosammal on 06.10.1999 and she has been the
adopted daughter of the said Rosammal. The said Rosammal was an Office Assistant
in the Government High School at Kumarapuram and she retired from service on
31.12.2006. In the service book of the said Rosammal, the minor Adlin Maria was
shown as legal heir. Subsequently, after retirement, the said Rosammal was
receiving the pension and unfortunately, she passed away on 04.08.2007.
Subsequent to her death, being the legal heir and adopted daughter of late
Rosammal, she was claimed for pension and arrears of payment. The amount was
also deposited in the Savings Bank account. The Headmaster of the High School
gave a representation to the first respondent with a copy marked to the third
respondent claiming family pension in favour of the minor Adlin Maria. The
second respondent by order dated 14.05.2008 rejected the said request. The said
order signed by the Assistant Accounts Officer/Per XI, who is cited as second
respondent herein. It is necessary to reproduce the said order as under:

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“With reference to your letter cited above, it is stated that as per
Christian law adoption is not considered valid. Hence, the question of granting
family pension to the adopted child of Selvi.M.Rosammal (PPO No.625080Kdg) does
not arise”.

2.Subsequent to the said rejection, a legal notice was sent by the learned
counsel for the petitioner. As there was no reply, the present writ petition
came to be filed. Notice of motion directed to be issued except the Accountant
General (A& E), the other respondents were served. The question that arises for
consideration is whether the Christian parent or Christian woman is entitled to
adopt a child of her own. The question is no longer res integra. Similar
question came to be considered by this Court in a decision reported in 2009 (8)
MLJ 309 (R.R.George Christopher and another). This Court after going into the
legal issues including the canon of law applicable to the Christian and also the
provisions of the Juvenile Justice Act held that the Christian are also entitled
for adopting a child. In paragraph 21, it was observed as follows:

“21.The applicants having approached this Court and got a guardianship
order and subsequently, performed necessary rites for adopting the child, the
stand of the respondent is not legally valid. Instead of encouraging people to
adopt children with a view to rehabilitate and socially reintegrate, the Air
India, which is a Public Sector Undertaking, has come up with a plea that the
petitioners are only guardians and therefore, their adopted child cannot get any
benefits otherwise available to the children of Air India Staff. It is a
spurious argument. Apart from that, their stand is opposed to the law of the
land. It is further shows their insensitiveness and ignorance regarding the
development of Law in this Country”.

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3.In the light of the clear legal position, the stand taken by the
respondents cannot be countenanced by this Court. Hence, the impugned order is
set aside and the writ petition is allowed. The respondents are directed to
confer all pension and terminal benefits and the arrears that are available to
the minor Adlin Maria. The said exercise shall be carried out within a period of
eight weeks from the date of receipt of a copy of this order. No costs.

sms

To

1.The Accountant General,
(A&E)
Chennai.

2.The Assistant Accounts Officer,
Office of the Accountant General,
(Accounts & Entitlements)
Tamil Nadu,
Chennai.

3.The Sub-Treasury Officer,
Kalkulam,
Thuckalay Post,
Kanyakumari District.

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