- (1.) S. S. Chauhan, J. The petitioner has challenged the validity of the order dated 16/20-4-2005 by means of which claim for appointment on compassionate ground has been rejected by the opposite parties. The ground of the rejection as is evident from the impugned order is that the definition of family as provided under the Dying-in-Harness Rules does not include the adopted son. The ground of rejection seems to be misconceived and also against law laid by this Court reported in (1996)1, UPLEBC 4, Singhasan Gupta v. State of U. P. and Ors. and in this case an earlier judgment of this Court reported in 1994 FLR-283, Sunil Saxena v. Sate of U. P. has been relied upon.
(2.) COUNTER affidavit has been filed in which the same stand has been taken by the State. Rejoinder affidavit to the counter affidavit has also been filed. I have heard the learned Counsel for the parties and gone through the record. The factum of adoption and its validity is not disputed before this Court either in the counter affidavit or in the impugned order. This Court as indicated in the aforesaid judgments has laid down that in case the adoption is valid then the adopted son would be included in the definition of family. The definition of family has been decided in the aforesaid judgment of this Court and an adopted son has to be included in the definition of family for the purposes of appointment under the Dying-in-Harness Rules. The petitioner has also placed on record a registered adoption deed whose validity is not disputed but rather the claim of the petitioner has been rejected on the ground that he is not covered under the definition of family. The rejection order, therefore, legally is not sustainable and is liable to be quashed.
(3.) CONSIDERING the above legal position, the writ petition is allowed. The rejection order dated 16/20-4- 2005 is quashed and a writ in the nature of mandamus is issued to the opposite parties to appoint the petitioner on a post according to the qualification of the petitioner within a period of two months from the date of production of a certified copy of this order. Petition allowed. .;