Rajiv Sharma, J. - (1.) HEARD Counsel for the petitioner and the learned Standing Counsel.
(2.) IN the instant writ petition the petitioner has questioned the validity of the impugned Government Order No.2.3.2000 and the consequential order dated 20.2.2007 whereby the compassionate appointment to the petitioner has been refused, who is adopted son of deceased Hari Sharan Sharma. Counsel for the petitioner submits that deceased Hari Sharan Sharma was a Government Servant and while working as Inspector in Fisheries Department, he died on 13.7.1993. The deceased in his life time and his wife had adopted Shailesh Kumar and the petitioner was granted probate by the District Judge on 20.2.1998 as he was adopted son of late Hari Sharan Sharma. By means of the order dated 20.2.2007, the Deputy Director Fisheries informed the petitioner that he cannot be given compassionate appointment as adopted son is not included under Dying-in-Harness Rules, 1974, in pursuance of the Government Order dated 2.3.2000. Counsel for the petitioner submits that distinction cannot be drawn between the natural son and adopted son by taking shelter of definition of 'family' under 1974 Rules and as such the petitioner cannot be denied compassionate appointment. He further submits that the 1974 Rules have been amended several times on different occasion and even the scope of family has been expanded by including unmarried brother and sisters.
(3.) LEARNED Standing Counsel refuting the allegations of the petitioner's counsel, urged that under the provisions of 1974 Rules, the adopted son does not fall within the ambit of the dependent of Government Servant and as such, the claim of the petitioner for compassionate appointment has been rightly rejected and there is no illegality or infirmity in the impugned order dated 20.2.2007. It has also been submitted that the guidelines issued vide the Government Order dated 2.3.2000 were also considered. The Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 has been framed in exercise of the powers conferred by Article 309 of the Constitution of India. The Uttar Pradesh Recruitment of Dependents of Government Servants under 1974 Rules are special set of rules, which have been made for providing a source of livelihood, and to give some respite to the members of the deceased Government servant's family at a time when the family is suddenly struck with a calamity where the sole bread earner dies. The overall idea and concept of these rules is to keep the family in main streamline of the society for which economic security and social status is to be provided by the State Government.;