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2019 Supreme(All) 81

YASHWANT VARMA
Vishal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Neerja Singh, Adv., Sharve Singh, Adv.

JUDGMENT :

YASHWANT VARMA, J.

1. Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

2. This petition challenges an order dated 18 December 2015 in terms of which the claim of the petitioner for appointment on compassionate grounds has been turned down on the ground that the petitioner, an adopted son, of the deceased government servant would not fall within the definition of "family" since the same came to be amended to include an adopted son only in 2011 though the father of the petitioner had died on 14 November 1999.

3. The petitioner claims to be the adopted son of the erstwhile government servant. He claims that the adoption was effected and completed by virtue of a registered deed of adoption dated 21 September 1999. This fact is not disputed by the respondents. The only issue which, therefore, arises for consideration is whether the mere fact that an adopted son came to be included in the definition of "family" in the 1974 Rules after the death of the government servant would be a valid ground to defeat the claim of the petitioner.

4. The stand taken by the respondents cannot be countenanced for more than one reason which are spel














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