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2011 Supreme(All) 2477

RAJES KUMAR
VIKAS JAUHARI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Ashok Khare and Vikas Tripathi for the Petitioner; Ms. Suman Sirohi, SC, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Rajes Kumar, J.—Heard Sri Ashok Khare, learned Senior Advocate, appearing on behalf of the petitioner and Ms. Suman Sirohi, learned Standing Counsel.

2. With the consent of the parties the writ petition is disposed of finally.

3. The petitioner, being adopted son of the deceased employee, claimed compassionate appointment. His claim for compassionate appointment has been rejected by the order dated 13.6.2011 on the ground that there is no provision for compassionate appointment for adopted son, which is being challenged in the present writ petition.

4. Learned counsel for the petitioner submitted that under the Uttar Pradesh Recruitment of Dependants of Government Servant (Dying-in-Harness) Rules, 1974 in the category of dependant’s son is mentioned. “Son” is defined under the General Clauses Act, 1897 (hereinafter referred to as the (“Act”).

5. I find substance in the argument of learned counsel for the petitioner.

Section 2 (c) of U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 defines the family as follows:

“(i) Wife or husband;

(ii) Sons;

(iii) Unmarried and widowed daughters.

(iv) If the deceased was unmarried Government serva















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