KUMARI VAISHALI Vs. STATE OF U.P.

JUDGEMENT

(1.) An application filed by the petitioner for grant of compassionate appointment, consequent upon the death of his father on 26.7.2019, has been rejected by the Executive Officer Nagar Palika Parishad, Mawana, District Meerut by the orders impugned dated 31.11.2019 and 29.11.2019, which are challenged in this petition. The orders impugned record that the father of petitioner No. 1 had obtained appointment on account of misrepresentation inasmuch as the claim for compassionate appointment was allowed on the basis of an adoption deed, which was unregistered. According to the respondents, the father of petitioner no.1 had falsely represented the adoption deed to be registered, whereas the concerned Sub-registrar has certified on 2.3.2019 that the registration of alleged adoption deed is not substantiated from the records. On such ground, claim of petitioner no. 1 for compassionate appointment has been rejected.

(2.) Affidavits have been exchanged in the matter. I have heard Sri Arvind Srivastava, learned counsel for the petitioner, Sri Manu Saxena, learned counsel for the respondents and also perused the materials on record.

(3.) Facts, as have emerged on record of this petition, are that one Bhopal Singh was employed in Nagar Palika Parishad, Mawana, District Meerut who died on 24.2.2012. An application for grant of compassionate appointment was filed by son of the deceased employee i.e. Ajit Singh, who happened to be the father of petitioner no. 1 and husband of petitioner no. 2. The claim for compassionate appointment by Ajit Singh was based upon the alleged adoption deed executed in the year 1974. The adoption deed allegedly registered in the year 1975. Relying upon such claim he was granted compassionate appointment on 10.8.2015. Subsequently, some doubts were created with regard to genuineness of the adoption deed and Ajit Singh asserted that adoption deed in hisfavour was registered on 20.9.1975. The facts in that regard were got verified from the concerned Sub Registrar and it transpired that the deed was actually not registered. The authorities consequently issued notices to Ajit Singh calling for his reply in the matter. This notice has been filed alongwith the counter affidavit. A reply to this notice has also been given by the father of petitioner no.1 claiming the adoption to be valid. However, before any final order could be passed in respect of the inquiry initiated by the employer, he died in June, 2019. It is thereafter that an application is filed for grant of compassionate appointment which stands rejected by the orders impugned. The ground taken in the order to deny compassionate appointment is that the registration of adoption deed is forged.