MOHD ATIQ KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Mool Bihari Saxena, learned counsel for the petitioner and Sri. S.R. Nigam, learned counsel appearing for the respondents.

(2.) The petitioner has challenged the impugned order dated 21.3.2002, Annexure-2 to the writ petition passed by the Central Administrative Tribunal, Allahabad.

(3.) The petitioner claims to be nephew of Mohd. Yusuf who was working as Trolley Man under the Assistant Signal Telecommunication Engineer who was posted in the office of Divisional Railway Manager, Allahabad. It is alleged that Mohd. Yusuf had no son except three daughters and, therefore, he adopted the petitioner on 5.12.1987. All the three daughters of Mohd Yusuf are married and, therefore, the petitioner is living from the date of adoption with Mohd. Yusuf. Mohd. Yusuf bequeathed his property to his nephew. Mohd. Yusuf died leaving behind him his widow and the petitioner. The widow prayed that the petitioner should be given appointment under the provisions of the Dying-in-Harness Rules. The said application of the petitioner was rejected on the ground that there is no provision for adoption under Muslim Law. Feeling aggrieved, the applicant filed an original application before the Central Administrative Tribunal, Allahabad Branch, which has been dismissed.