The Orissa High Court has refused to interfere with an order of the Central Administrative Tribunal (CAT), Cuttack, which directed the Railways to reconsider a claim for compassionate appointment made by the adopted son of a deceased railway employee. The court held that the Tribunal’s reasoning was sound and rooted in settled principles of Hindu adoption law.
The judgment was delivered by a Division Bench comprising Justice Dixit Krishna Shripad and Justice Sibo Sankar Mishra on January 6, 2026.
Background of the Case
The dispute arose after the death of a railway employee, K. Sadhu Patra, who was working as an Ex-Technician in the Carriage and Wagon Department of the Railways. He died while in service on April 2, 2008.
Following his death, his widow, K. Subhadra Patra, and their adopted son, K. Manoj Patra, sought compassionate appointment under the Railway rules. The Railways rejected the claim in December 2021, citing doubts over the validity of the adoption.
Challenging this rejection, the family approached the Central Administrative Tribunal, which quashed the Railway’s decision and directed reconsideration of the claim within 60 days. Aggrieved by the Tribunal’s order, the Union of India and Railway authorities moved the Orissa High Court.
The Railways argued that the adoption could not be accepted for compassionate appointment because the registered adoption deed was executed in February 2010, nearly two years after the employee’s death.
They relied on Railway Board policy circulars which require adoption to be completed before the death of the employee. The authorities also contended that a civil court decree declaring the adoption did not bind the Railways, as they were not parties to that suit.
Court’s Observation
The High Court acknowledged that the civil court decree declaring the adoption was not a judgment binding on the Railways in the strict sense. However, the Bench made a clear distinction between the binding nature of a judgment and its evidentiary value.
“The judgment of a civil court, though not binding on non-parties, can still be strong evidence of the facts it records,” the Bench observed.
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The court noted that the adoption had taken place in 2003, much before the employee’s death, and that the subsequent registration of the adoption deed was merely a formal record of an earlier event.
A key issue before the court was whether registration of an adoption deed was compulsory for a valid adoption.
Rejecting the Railways’ argument, the Bench clarified that under Hindu law, adoption becomes valid once the essential ceremonies-such as giving and taking-are performed. Registration of the adoption deed is not mandatory and does not determine the date of adoption.
“The adoption deed is only evidentiary in nature; it does not create adoption,” the court noted while referring to established legal principles.
The court emphasized that compassionate appointment is a welfare measure meant to provide immediate relief to the family of an employee who dies in harness.
It held that once a valid adoption before the employee’s death is established, denying consideration solely on the ground of delayed registration of documents would be unjustified.
The Bench also agreed with the Tribunal that the civil court’s findings on adoption could not be lightly ignored by administrative authorities.
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Final Decision of the Court
After examining the facts and legal position, the Orissa High Court dismissed the writ petition filed by the Union of India and the Railway authorities.
“The petition being devoid of merits is liable to be rejected,” the court ruled, directing that the Tribunal’s order be implemented within two months.
The court concluded the matter by affirming the Tribunal’s direction to reconsider the compassionate appointment claim in accordance with law.
Case Title: Union of India & Others vs K. Manoj Patra & Others
Case No.: W.P.(C) No. 36932 of 2025
Case Type: Writ Petition (Service / Compassionate Appointment)
Decision Date: 06 January 2026
