AMRESHWAR PRATAP SAHI, J. - (1.) HEARD learned Counsel for the petitioner Sri Ashutosh Tewari and the learned Standing Counsel for the respondents. The petitioner is aggrieved by the order dated 25th November 2006 passed by the District Magistrate, Badaun rejecting the request of the petitioner for compassionate appointment.
(2.) THE petitioner is the natural son of Sri Amar Singh. The submission is that in 1989, the petitioner was given in adoption to late Sri Chandra Pal who was a Class IV employee in Tehsil Bisauli District Badaun who died in harness during his service on 12.2.2005. The petitioner contends that he was entitled for compassionate appointment inasmuch as even an adopted son is en­titled to such a benefit in view of the law laid down by this Court. The contention is that the adoption took place in the year 1989 and the deed of adoption was reg­istered on 11th February 2003 much prior to the demise of late Sri Chandra Pal. It is therefore contended that it was during his life time that the deed was registered and therefore there is a legal presumption of adoption keeping in view the provisions of Hindu Adoption and Maintenance Act, 1956.
(3.) LEARNED Counsel submits that the direction issued by this Court on 2nd August 2006 has not been carried out by the Dis­trict Magistrate in accordance with law and therefore the impugned order deserves to be set aside.;