Gurdeep Singh vs Punjab State Power Corporation Ltd.

Sabina, J.—Petitioner has filed this petition seeking a direction to the respondents, to release him, the service benefits of his deceased father.

Case of the petitioner, in brief, is that father of the petitioner deceased-Veer Singh was working as a Chowkidar with respondent No. 2. Veer Singh had adopted the petitioner as his son. In this regard, decree was passed by the Civil Court (Annexure P-2) in favour of the petitioner. Veer Singh died on 11.01.2005. However, the service benefits of deceased-Veer Singh/father of the petitioner had not been released to the petitioner. Hence, the present petition.

Learned counsel for the petitioner has submitted that the petitioner was duly adopted by Veer Singh as his son. In this regard, decree was passed by the Civil Court on 17.02.2005 (Annexure P-2). Therefore, petitioner was liable to be released the service benefits accruing to his deceased father Veer Singh. Learned counsel has further submitted that wife of deceased-Veer Singh has since died and the petitioner was the sole legal heir of deceased-Veer Singh.

Learned counsel for the respondents, on the other hand, has opposed the petition and has submitted that the petitioner had not been adopted by Veer Singh in accordance with law, as there was no adoption deed available on record. Further it has been submitted that the Civil Court decree was not binding on the respondents as they were not a party to the said proceedings. Moreover, the said decree had been passed after the death of deceased-Veer Singh.

In the present case, admittedly, deceased-Veer Singh was working with the respondents as Chowkidar and died while he was in service on 11.01.2005. The question that requires consideration is as to whether the petitioner is entitled to receive the service benefits of deceased-Veer Singh or not. In this regard the relevant document is the judgment/decree passed by the Civil Court (Annexure P-2) in a suit filed by the petitioner against deceased-Veer Singh. A perusal of the same reveals that the petitioner had alleged in the suit that he had been adopted by deceased-Veer Singh on 13.04.1993. At the time of adoption of the petitioner by Veer Singh all requisite ceremonies were performed in the presence of relatives and other respectables of the society. Notice of the suit was issued to defendant Veer Singh who on appearance filed his written statement wherein he admitted the entire claim of the plaintiff. Statements of the parties were recorded. Statement of Avtar Singh, Lamberdar of the village as well as the natural mother of the petitioner were recorded. Veer Singh had also executed a registered Will in favour of the petitioner. On the basis of the pleadings of the parties, suit filed by the petitioner was decreed. Hence, the plea taken by the respondents that the decree had been passed after the death of Veer Singh is without any basis as Veer Singh had admitted the claim of the petitioner in his written statement and his statement was also recorded in the Court. Since the petitioner had a Civil Court decree in his favour declaring him to be the adopted son of deceased-Veer Singh, the defendants cannot deny the service benefits of deceased-Veer Singh to the petitioner for want of registered adoption deed. In pursuance to the decree passed by the Civil Court, petitioner has been declared to be the adopted son of Veer Singh and is entitled to receive all the service benefits of his father deceased-Veer Singh. In the suit filed by the petitioner for declaration that he was the adopted son of Veer Singh, respondents cannot be said to be the necessary party. In fact, the dispute was between the petitioner and his father Veer Singh relating to his adoption. Respondents have unnecessarily involved the petitioner in this litigation and have failed to honour the decree passed by the Civil Court.

Accordingly, this petition is allowed. Respondents are directed to release the service benefits of deceased Veer Singh to the petitioner within three months from today along with interest @ 9% per annum from the date it became due till realization.