MAHENDRA KUMAR GAUTAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sameer Kalia and Sri Abhishek Yadav, learned counsels for the petitioner and learned Standing Counsel for the State.

(2.) Petitioner has filed the present writ petition for quashing of the order dated 05.12.2020 passed by the Superintendent of Police, Rai Bareilly, respondent no.3, and for a mandamus commanding the respondents to reconsider the case of the petitioner for grant of a compassionate appointment on the post of Sub Inspector (Civil Police).

(3.) By the impugned order the respondent no.3 has rejected the application of the petitioner for appointment under Dying in Harness Rules, 1974 (Rules of 1974) on the ground that late Parsuram expired on 15.11.2018, while in service, and Mahendra Kumar Gautam, petitioner, was not a member of his family during his lifetime or at the time of his death. The petitioner was never an adopted son and dependent of late Parsuram. The document of adoption was not executed in the lifetime of late Parsuram and is executed by the widow of late Parsuram. Therefore, the petitioner is not entitled to an appointment under the Rules of 1974.