Direction to decide adopted child’s claim for compassionate appointment and terminal benefits via reasoned order.

The applicant, Teena Soni, is the adopted daughter of the late Sh. Vinod Soni, who served as a Chowkidar in the Power Development Department (PDD)

Sh. Vinod Soni died in active service on 01.01.2025, leaving the applicant as his sole surviving legal heir and dependent

The applicant asserts her status based on an adoption deed dated 22.11.2024 and a will dated 12.11.2024, through which the deceased declared her entitled to all service benefits and compassionate appointment

Seeking these reliefs, the applicant filed the present Original Application (OA) under the Administrative Tribunals Act

During the proceedings, the applicant’s counsel limited the prayer to requesting that the OA be treated as a formal representation for time-bound consideration by the respondents

1. Whether the applicant is entitled to be considered for compassionate appointment and the release of terminal service benefits (GP Fund, Gratuity, etc.) as the adopted daughter of the deceased employee

2. Whether the Tribunal should direct the respondents to treat the Original Application as a representation and decide the same within a stipulated timeframe

Section 19 of the Administrative Tribunals Act, 1985, which provides the jurisdiction for the Tribunal to entertain applications regarding service matters

The substantive claim for appointment was grounded in the Jammu and Kashmir Rehabilitation Assistance Scheme, 2022, which regulates the procedure and eligibility for compassionate appointments within the Union Territory

The court also adhered to the administrative principle requiring authorities to pass "reasoned and speaking orders" when disposing of representations regarding service benefits

Given the limited prayer made by the applicant's counsel, the Tribunal found it appropriate to mandate the administrative authorities to first evaluate the case

By directing the respondents to treat the OA as a formal representation alongside the applicant's prior representation dated 09.02.2026, the Tribunal ensured that the executive branch performs its duty to examine the evidence (the adoption deed and the will) and determine eligibility for GP Fund, PF, leave encashment, and gratuity

The court emphasized that this consideration must result in a "reasoned and speaking order," ensuring transparency and legal accountability in the respondents' decision-making process

It directed the respondents to treat the OA and the prior representation dated 09.02.2026 as a formal representation for the grant of compassionate appointment and the release of all service benefits

The respondents are ordered to pass a reasoned and speaking order after considering the merits of the case within six weeks from the date of service of the order