Cannot discriminate against adopted son when it comes to compassionate appointment: Karnataka High Court

The Karnataka High Court recently held that there cannot be any distinction between an adopted son and a biological son when it comes to compassionate appointment..A division bench of Justices Suraj Govindaraj and G Basavaraja said that a son is a son and a daughter is a daughter, adopted or otherwise and if any distinction is made between them, then no purpose would be served by adoption."We are of the considered opinion that the application made by the adopted son for compassionate appointment is bonafide and is required to be considered in the background of the difficulties faced by the family. A son is a son or a daughter is a daughter, adopted or otherwise, if such a distinction is accepted then there would be no purpose served by adoption. Be that as it may, apparently taking into account that the same would violate Article 14 of the constitution, the said Rules have been amended so as to do away the artificial distinction," the bench held..The Court was seized of a plea filed by an adopted son challenging the decision of the Director of Prosecution rejecting his application for compassionate appointment to his deceased father's post.His father was working in the office of a public prosecutor before his death in March 2018.The bench noted that the petitioner-son was adopted by his deceased father as his biological son had died in a road accident in November 2010. It also noted that the deceased is survived by his wife and a daughter, who is differently-abled."In such a situation, it is the adopted son who was so adopted by the deceased to take care of the family on account of the death of a natural-born son who has applied for a compassionate appointment," the bench noted.Therefore, the bench ordered the authorities to reconsider the petitioner's application for job on compassionate basis..Advocates Shravan Madhav KP and Dhanya KS appeared for the Petitioner.Government Pleader Praveen Uppar represented the State..[Read Order]