Disposed

Somendra Singh v. State of U.P. and Others

Allahabad HC14 Nov 2018WRIA/41088/1998

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of compassionate appointment for an adopted son. The court held that under civil law and Rule 2(c)(ii), an adopted son stands equal to a natural son for this purpose. The impugned order was set aside and the matter remitted.

What did the court decide?

Impugned order dated 25.4.1998 set aside and matter remitted to pass a fresh order.

Somendra Singh Vs State of U.P. and Others — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 7

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Case :- WRIT - A No. - 41088 of 1998

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Petitioner :- Somendra Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- D.K.Tewari Counsel for Respondent :- C.S.C.

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Hon'ble Saumitra Dayal Singh,J.

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Present writ petition has been filed in November, 1998 to challenge the order dated 25.4.1998 by which the petitioner's application for grant of compassionate appointment had been rejected on the short ground the petitioner was the adopted son of the deceased Kamla Devi and therefore, he was not entitled to claim compassionate appointment. Presumably, the authority was of the view that the claim of compassionate appointment could be granted only to a natural son/daughter not to an adopted son.

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Such a reasoning is unacceptable as under the civil law, rights and obligation of the adopted son would remain the same as those of a natural son, unless there exists any specific exclusion made under any particular law as may prevent the petitioner to claim compassionate appointment on the death of his adoptive mother.

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Doubt, if any, in this regard stands clarified by the amendment made in the terms and definition of family under the Rule 2(c)(ii) of the Recruitment of the Dependents of Government Servant Dying-in-Harness Rules, 1974.

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By virtue of that clarificatory amendment, an adopted son stands on the same footing as a natural son for purpose of grant of compassionate appointment.

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Consequently, the impugned order dated 25.4.1998 passed by the Joint Director, Government Press, Allahabad is set aside and the matter is remitted to the concerned authority to pass a fresh order strictly in accordance with law. Since, the writ petition has remained pending since 1998, it is expected that the necessary order may be passed expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order.

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Accordingly, the writ petition is disposed of .

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Order Date :- 14.11.2018 Gaurav Pal

Somendra Singh v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

Somendra Singh v. State of U.P. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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