AMRESHWAR PRATAP SAHI,J. - (1.) HEARD Sri Shiv Nath Singh Yadav, learned Counsel at length and the learned Standing Counsel.
(2.) THE petitioner is admittedly the nephew of late Km. Shashi Pandey. He claims compassionate appointment after her death who had been working as an Assistant Teacher in music in K.K. Girls Inter College, Kidwai Nagar, Kanpur Nagar. The claim of the petitioner has been rejected by the District Inspector of Schools vide order dated 19.12.2008 on the ground that since the petitioner is the nephew of the deceased employee, therefore, he does not fall within the category of a dependent, as defined under the Regulations. Learned Counsel for the petitioner has come up with a case which might be novel to service jurisprudence, relating to such claimants on compassionate basis. The petitioner contends that his father had sold him for Re.I/- under some blind faith which is being described as a custom and that sale of the petitioner was in favour of late Km. Shashi Pandey. The petitioner contends that this fact has been recorded in the Will executed by late Km. Shashi Pandey and therefore, by virtue of execution of the said document and the transaction of sale of the petitioner by his father, the petitioner automatically becomes the adopted son of Shashi Pandey.
(3.) THIS claim of adoption is by a very strange process by reasoning which in the opinion of Court is unknown to law. The petitioner, by virtue of his own sale which otherwise is also unknown to the law of Succession under Hindu Law, cannot automatically become the adopted son unless and until the adoption has been made under the provisions and in accordance with the Hindu Adoption and Maintenance Act, 1956. In the absence of any such material, it would be a travesty of justice to accept the claim of the petitioner on the submissions as raised and facts disclosed in the writ petition.;