Nikhil Singh Vs State of U.P. Thru. Prin. Secy. Prisons, U.P., Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

Nikhil Singh Vs State of U.P. Thru. Prin. Secy. Prisons, U.P., Lko and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a fresh representation seeking compassionate appointment on the basis of the alleged adoption deed (said to be registered); such representation to be considered by opposite party No.2 (Senior Superintendent, District Jail, Lucknow) expeditiously within six weeks of submission of a certified copy of this order, with opportunity of hearing afforded to all heirs of the deceased; the order dated 12th August 2024 to remain subject to the final order of the authority.

Issue for consideration

Whether petitioner Nikhil Singh is entitled to compassionate appointment following the demise in harness of Smt. Ramashree, notwithstanding rejection of his claim on the ground that, as maternal grandson, he falls outside the 'family' defined in Rule 2 of the 1974 Rules, given his claimed status as adopted son evidenced by an alleged adoption deed now placed on record.

Court's answer

Liberty granted to petitioner to make a fresh representation seeking compassionate appointment on the basis of the alleged adoption deed, which was not available to the concerned authority when his claim was first considered.

Ratio / Principle

Any fresh representation filed alongwith the alleged adoption deed shall be considered by opposite party No.2, i.e. the Senior Superintendent, District Jail, Lucknow, expeditiously within six weeks from submission of a certified copy of this order, and the authority shall afford opportunity of hearing to all the heirs of the deceased.

Key takeaways

The order dated 12th August 2024 shall stand subject to the final order passed by the authority upon consideration of the fresh representation.ratio¶18

Detailed headnote1 paragraphs

Compassionate appointment - demise in harness - petitioner's claim rejected (order dated 12th August 2024) on the ground that, as maternal grandson of the deceased Smt. Ramashree (d. 12th December 2019), he does not fall within 'family' as defined in Rule 2, Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, his claimed adoption being undocumented at the time of consideration - alleged adoption deed subsequently brought on record as annexure No.3 - writ disposed of with liberty to petitioner to file a fresh representation enclosing the deed, to be decided by opposite party No.2 (Senior Superintendent, District Jail, Lucknow) within six weeks of submission of a certified copy of this order, after hearing all heirs of the deceased - earlier rejection order held subject to the authority's final order. (Manish Mathur, J.; October 9, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 11849 of 2025

Nikhil Singh

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Prisons, U.P., Lko And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Sushil Kumar Misra
Counsel for Respondent(s)	: C.S.C.

Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned state counsel for opposite parties.

Petition has been filed challenging order dated 12th August 2024 rejecting petitioner's claim for compassionate appointment due to demise in harness of one Smt. Ramashree who is said to have passed away on 12th December 2019.

From a perusal of the impugned order, it appears that although petitioner had claimed to be the adopted son of deceased person but did not produce any document with regard to the same and therefore such a claim as an adopted son was not considered. Claim for compassionate appointment raised by petitioner has in fact been rejected on the ground he is maternal grand son of deceased and therefore does not come within purview of 'family' as defined in Rule 2 of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.

The alleged adoption deed dated 1st December 2012 however has been brought on record of this writ petition as annexure No.3.

In view of the aforesaid fact that a copy of the alleged adoption deed has been brought on record but was not available at the time of consideration of petitioner's claim for compassionate appointment, liberty is granted to petitioner to file a fresh representation for seeking

WRIA No. 11849 of 2025

2

compassionate appointment on the basis of the alleged adoption deed dated 1st February 2012 which is said to be registered. In case any such representation is filed alongwith the alleged adoption deed, the same shall be considered by opposite party No.2 i.e. Senior Superintendent, District Jail, Lucknow expeditiously within a period of six weeks from the date a certified copy of this order is submitted before the opposite party No.2 who shall also afford opportunity of hearing to all the heirs of deceased. Order dated 12th August 2024 shall be subject to final order passed by the authority.

The petition stands disposed of.

October 9, 2025

prabhat

(Manish Mathur,J.)

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench