KHUSHI RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present writ petition, petitioner has sought the following reliefs:-

(2.) Factual matrix of the case is that the petitioner is the adopted son of Late Shri Shyam Singh, who was working as regular Baildwar in the establishment of the Public Works Department, Narendranagar and died while in service on 29.01.2007. After his father's death, the petitioner, being the only son, moved an application before the authority concerned on 23.04.2007 seeking appointment on compassionate grounds. Said application was rejected by the Secretary, Government of Uttarakhand, vide letter dated 23.10.2010, stating that under the provisions of Uttarakhand U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 and Uttaranchal (the Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974) Adaptation and Amendment Order 2002 and First Amendment 2004 adopted by State of Uttarakhand, the adopted son does not fall within the ambit of the dependent of Government Servant and as such the petitioner being the adopted son cannot be provided compassionate appointment.

(3.) It is stated that for providing financial help to the family member of the deceased government employee under the Uttar Pradesh Grants Fund, husband/wife, legal son, step son or daughter, father, mother are defined as family. Further, for the purpose of getting family pension, family is defined as: (1) husband/wife (2) minor son (3) unmarried minor daughters and (4) legally adopted child before the retirement of deceased employee, whereas for providing appointment on compassionate grounds in view of Dying in Harness Rules, wife/husband, son, unmarried daughter or widow daughter, unmarried son, unmarried sister or widow mother (in the case of deceased employee being unmarried), has been defined as family/dependent. The grievance of the petitioner is that being the adopted son he cannot be discriminated by the respondent for the purpose of providing appointment on compassionate ground.