In a significant verdict that underscores the legal rights of adopted children, the Punjab and Haryana High Court has directed the Punjab School Education Board (PSEB) to release the service benefits of a deceased employee to his adopted son. The court's decision brings closure to a protracted legal struggle that spanned nearly two decades.
A 19-Year Legal Odyssey for Justice
The case revolved around Jaswinder Singh, who was adopted by Gurdial Singh and Jasbir Kaur in 1985 when he was just five years old. Gurdial Singh, an assistant with the PSEB, passed away in 2005 while in service. Following his death, Jaswinder Singh, as the legal heir, applied for the release of his father's service benefits, including the family pension and other dues.
However, the PSEB refused to acknowledge his claim, leading Jaswinder to initiate legal proceedings. The board's rejection forced the adopted son to approach the court, beginning a marathon legal battle for recognition of his rightful inheritance.
Court's Firm Stand on Adoption and Inheritance
The bench of Justice Vinod S. Bhardwaj delivered a decisive judgment, firmly upholding Jaswinder Singh's status as the legitimate son and heir. The court meticulously examined the evidence, including the registered adoption deed from 1985, and found the petitioner's claim to be legally sound and substantiated.
Justice Bhardwaj's order was unequivocal. He directed the Punjab School Education Board to process and release all the outstanding service benefits of the late Gurdial Singh to his son, Jaswinder Singh. Crucially, the court mandated that these dues must be paid with an interest rate of 9% per annum, calculated from the date they became payable after Gurdial Singh's death in 2005 until the actual date of payment.
The court also imposed a strict timeline for compliance, ordering the PSEB to complete the entire process within a period of three months from the date of the judgment.
Broader Implications and a Message for Institutions
This ruling is more than just a personal victory for Jaswinder Singh; it serves as a powerful legal precedent. It reinforces the principle that the rights of an adopted child are equal to those of a biological child in matters of inheritance and succession, especially concerning government service benefits.
The judgment sends a clear message to government departments and boards about the necessity of respecting legal adoption documents and promptly settling the claims of legitimate heirs. The imposition of 9% interest highlights the cost of unnecessary bureaucratic delay and the financial hardship inflicted upon families during such prolonged disputes.
For Jaswinder Singh and his mother, Jasbir Kaur, the verdict marks the end of a 19-year wait for justice and financial security that was rightfully theirs. It affirms that legal adoption creates an unbreakable bond, with all the attendant rights and responsibilities, which state authorities are bound to honor.
